By Staff Reporter
ISLAMABAD: The Supreme Court of Pakistan will reconvene on October 7 to hear challenges to the 26th Constitution Amendment, a divisive measure that has fueled debate over judicial independence and legislative propriety.
An eight-judge Constitutional Bench, led by Justice Aminuddin Khan, will consider petitions alleging the amendment’s passage violated constitutional norms, as calls mount for a full court to review the case. The bench includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha A. Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
The petitions, filed by the Pakistan Tehreek-e-Insaf (PTI), individual citizens, and several high court bar associations, argue that the amendment undermines the judiciary and was enacted through a flawed process.
Passed in late 2024, the 26th Amendment altered Pakistan’s judicial framework, affecting judge appointments and Supreme Court operations. Critics contend it violates Articles 63A, 238, and 239 of the Constitution, pointing to procedural lapses, including votes from defecting parliamentarians and an incomplete parliament.
The petitions seek to have Sections 7, 9, 10, 12, 14, 17, 21, and 27 of the amendment struck down as unconstitutional and void, arguing they clash with the Constitution’s core tenets.
The court’s approach has sparked internal friction. On August 20, senior justices Syed Mansoor Ali Shah and Munib Akhtar, in a joint letter, criticised Chief Justice Yahya Afridi’s refusal to follow an October 31, 2024, committee recommendation for a full court hearing.
The committee’s minutes, released publicly, underscored the need for a broader review. The justices wrote, “The challenges to the 26th Amendment continue to remain pending and a golden opportunity to decide them at the earliest instance before the institution as a whole — i.e. the full court as it then stood — has been lost, perhaps irretrievably.”
In responses posted on the court’s website on August 14, Afridi defended his decision to proceed with the Constitutional Bench, warning that a full court could erode judicial collegiality and invite public criticism, as seen in recent years. His stance has drawn scrutiny from those who view a full court as critical for such a weighty matter. At the last hearing on January 27, the bench faced competing arguments.
Justice Mazhar stressed that the Constitutional Bench lacks authority to convene a full court under Article 191A, noting, “This is not the domain of the CB to constitute the Full Court or refer the matter to the Chief Justice of Pakistan.” He added that lawyers’ demands alone cannot justify a full court.
Justice Khan, however, took a more open approach, issuing notices to respondents on issues raised by petitioners’ counsel, including the full court request, the amendment’s impact on judicial independence, and the feasibility of live-streaming proceedings. The petitions also challenge related laws, including the Supreme Court (Practice and Procedure) Act 2024 and the Supreme Court (Number of Judges) (Amendment) Act 2024, calling them unconstitutional extensions of the amendment. Petitioners seek to void any appointments or actions taken under these measures.
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