Islamabad: The 26th Constitutional Amendment was challenged in the Supreme Court and the Sindh High Court, and the petitioners sought to declare it null and void.
The petitioner Mohammad Anas has challenged the 26th constitutional amendment in the Supreme Court through the mediation of lawyer Adnan Khan. The federal government has been made a party to the petition requesting the Supreme Court to declare the 26th constitutional amendment null and void.
The petition argues that Parliament has the power to legislate. Parliament can amend the constitution by a two-thirds majority. Parliament has no authority to make suggestions on judicial matters. 26 Constitutional Amendments are against the basic structure of the Constitution and the division of powers between the institutions.
According to the petition filed in the Supreme Court, the procedure for appointing the Chief Justice has been changed through the constitutional amendment. After the amendment, the appointment of the Chief Justice has been delayed by the government. Similarly, the mandate of the Judicial Commission for appointing judges has also been changed. It is requested from the court that the 26th constitutional amendment should be declared null and void as contrary to fundamental rights and independence of the judiciary.
On the other hand, the lawyer of Karachi has challenged the new constitutional amendment in the Sindh High Court. On behalf of Elahi Bakhsh Advocate, a constitutional petition has been filed through Ibrahim Saifuddin, making the Federation, Ministry of Law, and other parties.
It has been argued in the petition that the Judicial Commission has been subordinated to the administration. The annual performance report of judges should be prepared by the Supreme Judicial Council and not by the administration. The Constitution Benches are in fact the Constitutional Court. The establishment of constitutional benches will create a parallel judicial system. The judiciary will come under the control of politicians and the executive. The court is requested to stop the implementation of the constitutional amendment.