Justice Muhammad Ali Mazhar of the Supreme Court of Pakistan has issued a 20-page note outlining his views on the powers of benches hearing cases, specifically concerning constitutional matters. The note pertains to a case currently before the court.

Justice Mazhar asserts that only a full constitutional bench has the authority to review the constitutionality of laws; regular benches lack this power of constitutional interpretation. He affirms the constitutional bench’s decision to overturn orders issued by a smaller, two-judge bench.

The note emphasizes that the 26th Amendment is currently a part of the constitution, its provisions clear and unambiguous, and that the court cannot ignore it. While acknowledging that the amendment has been challenged and notices issued to parties, Justice Mazhar states that the merit of any request to refer the case to a full court will be determined separately.

He further clarifies that only Parliament or a Supreme Court decision can overturn the 26th Amendment; until then, all proceedings must adhere to its stipulations.

Justice Mazhar reiterates that only a five-judge constitutional bench can undertake constitutional interpretation, and regular benches should not exceed their authority as defined by the current constitution. He notes that the basic orders issued by the two-judge bench in the tax case have been withdrawn, rendering all subsequent actions void.

Justice Mazhar’s note expresses his concurrence with the constitutional bench’s decision to overturn previous orders issued by Justices Mansoor and Aqeel Abbasi.