ISLAMABAD: The top court of the country has been flooded with petitions as yet another petition was filed in Supreme Court of Pakistan, challenging the controversial 26th Constitutional Amendment Act, by Karachi Bar Association (KBA), requesting it to be declared null and void.
The petition was filed Faisal Siddiqui on behalf of KBA, naming the four provincial governments, the federal government, the Election Commission of Pakistan, the Speaker National Assembly and the chairman Senate as respondents in the case.
In its petition, the KBAC argued that the 26th Amendment Act should be annulled, along with the constitutional benches formed under it and their decisions.
It contended that the amendment violated the fundamental principles of judicial independence, adding that it was in conflict with basic human rights.
The KBA proposed to declare sections 7, 9, 12, 14, 17, and 21 of the 26th Constitutional Amendment Act, 2024, as ultra vires to the Constitution, rendered void from the outset, in violation of fundamental rights and inconsistent with the principles of judicial independence, federalism, and separation of powers.
Besides, it also suggested to interpret the above mentioned sections in a manner that aligns them with the essential features of the constitution and to assert that the Judicial Commission, along with the so-called Constitutional Benches and all associated proceedings and actions, are null and void from the beginning.
Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami, and others have also challenged the 26th constitutional amendment as well some individuals and lawyers have already challenged the controversial piece of legislation.
The 26th Constitutional Amendment Bill, 2024,was passed by National Assembly with a two-thirds majority on October 21, following its approval from Senate.
The amendment implements changes to the appointment procedure and duration of service for the Chief Justice of Pakistan, alongside the formation of constitutional benches within the Supreme Court, guaranteeing equitable representation from all provinces. Additionally, it suggests the establishment of constitutional benches in the high courts.
The amendment also stipulates that the senior-most judge on each constitutional bench will serve as its presiding officer, and the term of the chief justice has
been fixed at three years.
Copyright Business Recorder, 2024
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