The petition claims that entry 55 of the Federal Legislative List prevents Parliament from legislating on the jurisdiction of SC
A day after former Chief Justice of Pakistan Jawwad S. Khawaja challenged the 27th Constitutional Amendment in the Supreme Court, a group of lawyers, including Asad Rahim Khan and Zeeshaan Hashmi, also filed a petition in the apex court against curtailment of its jurisdiction.
In a petition filed through their lawyer, Umer Gilani ASC, the petitioners have argued that the amendment represents the most serious usurpation of judicial independence, “since the advent of the Government of India Act, 1935”.
Read: Ex-CJP Jawwad S Khawaja challenges 27th Amendment in South Carolina
They maintain that the amendment – which creates a new Federal Constitutional Court (FCC) and strips the Supreme Court of key constitutional powers – is illegal, procedurally flawed and unconstitutional.
The petition claims that Entry 55 of the Federal Legislative List prohibits Parliament from legislating on the jurisdiction of the Supreme Court except to extend it; Therefore, the creation of a new FCC with binding authority over the SC violates this basic constitutional safeguard.
The independence of the judiciary, a recognized “prominent feature” of the Constitution, is undermined by granting the executive unlimited power to appoint the first chief justice and FCC judges. The amendment’s removal of the Supreme Court’s Article 184(3) jurisdiction – its authority to enforce fundamental rights – effectively destroys the Court’s constitutional role as guardian of citizens’ rights.
The petition further argues that changes allowing forced transfers and premature retirements of judges violate Article 209 and amount to executive capture of the judiciary.
The petitioners, who also include lawyers Shahbakht Pirzada, Usama Rauf and Hassan Wattoo, have requested that the Supreme Court strike down several provisions of the 27th Amendment as being ultra vires the Constitution and stay its implementation until a final judgment is delivered.
