The Pakistan Tehreek-e-Insaf (PTI) has filed a petition in the Supreme Court challenging the 26th Constitutional Amendment, seeking its annulment and a stay on the Judicial Commission’s role in judicial appointments until a final verdict is issued.
PTI’s plea argues that the amendment violates the principles of judicial independence and separation of powers enshrined in the Constitution, Express News reported.
The petition maintains that Parliament cannot alter the fundamental structure of the Constitution.
The party also called for all actions taken under the amendment to be declared void, stating that any changes that undermine judicial independence are unconstitutional.
PTI maintained that the autonomy of the judiciary is a core component of the Constitution and cannot be compromised through amendments.
Yesterday, Pakistan People’s Party (PPP) Chairman Bilawal Bhutto Zardari asserted that only Parliament has the authority to reverse the 26th Constitutional Amendment, stating that no other institution would be recognized if it tries to undo the amendment.
Bilawal also addressed issues about the judiciary, emphasizing that when a new judge is appointed to the Supreme Court, other judges should ease his transition rather than create difficulties.
“Whether it is a Supreme Court bench or a constitutional bench, everyone must respect the constitution and the law,” he added.
Bilawal’s comments come amid growing discussion over the 26th Constitutional Amendment, particularly its reversal.
He made it clear that any reversal of the amendment should only be carried out by Parliament, warning that neither the PPP nor anyone else would accept any attempt by another institution to undo the changes.
The 26th Amendment has sparked significant debate, with a constitutional bench of the Supreme Court scheduled to hear petitions against it on January 27.
The amendment, approved in October 2024, introduced key changes to the judicial appointment process, specifically to Article 175-A. These changes were significant, especially when the amendment altered the procedure for selecting the Chief Justice of Pakistan.
On January 16, a bench hearing related to the amendment and the powers of the fractured regular bench, highlighting the ongoing tensions surrounding the issue.
The 26th Amendment had previously led to the establishment of a parliamentary committee to select the Chief Justice, a break from Pakistan’s long-standing tradition of selecting the highest judge for the role.
Bilawal also reflected on the recent history of judicial appointments, including the controversial selection of Justice Yahya Afridi as the next Chief Justice in October 2024, which led to the modification of judicial procedures through the amendment.
