ISLAMABAD: The recently-passed 26th Constitutional Amendment has been challenged in the Supreme Court, urging the court to declare it null and void. The petitioner, Muhammad Anas, argues that the amendment infringes on the fundamental rights of citizens and undermines the independence of the judiciary.
According to the petition, the 26th amendment is in violation of the Constitution’s basic structure and disrupts the separation of powers between the government and the judiciary.
The petition also claims that the amendment has changed the procedure for appointing the chief justice of Pakistan. It claims that after the amendment, the authority to appoint the chief justice has shifted from the judiciary to the government, which the petitioner contends undermines judicial independence.
Moreover, the petition highlights that the composition of the Judicial Commission, responsible for appointing judges, has also been altered through the amendment. The petitioner claims these changes compromise the independence of the judiciary and give the government undue influence over judicial appointments.
On October 21, President Asif Ali Zardari ratified the 26th Constitutional Amendment on the advice of Prime Minister Shehbaz Sharif after crucial amendments were passed by Parliament in a midnight session.
Earlier, Prime Minister Shehbaz had advised President Zardari for assent to the 26th constitutional amendment after its passage by both houses of the parliament with a two-thirds majority.
Prime Minister Shehbaz has said the passage of the 26th constitutional amendment is an excellent manifestation of national solidarity and consensus.
Copyright Business Recorder, 2024
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