ISLAMABAD – The 26th Constitutional Amendment has been challenged before the Supreme Court, requesting it to declare the amendment null and void.
A petitioner namely Muhammad Anas, through his lawyer Adnan Khan, challenged the 26th Constitutional Amendment in the Supreme Court, making the federal government a party to the case while requesting the court to annul the amendment.
The petitioner argued that while Parliament holds the authority to legislate and can amend the Constitution with a two-thirds majority, it does not have the power to propose on judicial matters.
The 26th Constitutional Amendment is in violation of the Constitution’s basic structure and the separation of powers among institutions.
According to the petition filed in the Supreme Court, the amendment has altered the procedure for appointing the Chief Justice.
After the amendment, the appointment of the Chief Justice has been placed under the control of the current government.
Similarly, the structure of the Judicial Commission responsible for appointing judges has also been changed.
The petitioner asked the court to declare the 26th Constitutional Amendment as against fundamental rights and the independence of the judiciary, and thus void it.
