The 26th Constitutional Amendment, recently passed in Pakistan, is facing significant legal challenges in the Supreme Court and the Sindh High Court. Lawyers argue the amendment undermines the independence of the judiciary and violates fundamental rights.
In the Supreme Court, a petition filed by Muhammad Anas, represented by his counsel, seeks to have the amendment declared null and void. The petition argues that while parliament has the power to amend the constitution with a two-thirds majority, it lacks the authority to dictate judicial matters.
The amendment, according to the petition, alters the process of appointing the Chief Justice, effectively placing this power in the hands of the government. The petitioner contends this violates fundamental rights and judicial independence, requesting the court to declare the amendment unconstitutional. The federal government is named as a respondent in this case.
Separately, in the Sindh High Court, lawyer Elahi Bux has filed a similar petition challenging the amendment. This petition argues that the amendment infringes upon judicial independence and the rule of law by allowing executive interference in the appointment of judges.
It alleges that the amendment increases executive control over the Judicial Commission of Pakistan, leading to increased political influence in judicial appointments and compromising judicial impartiality.
The petition raises concerns about the annual performance evaluations of High Court judges, questioning how the judiciary can remain independent if politicians are involved in this process. It asserts that only the Supreme Judicial Council has the authority to conduct such evaluations.
The petitioner further argues that the executive’s involvement in bench formation constitutes a conflict of interest. The petition concludes by calling for the amendment to be declared unconstitutional and revoked, citing it as a direct attack on the independence of the judiciary.
