Two days after the passage of much-hyped 26th Constitutional Amendment which entailed a two month-long political wrangling and compromises, the first legal challenge against the amendment on Tuesday landed in the apex court.
The applicant, Muhammad Anas, filed the plea through his counsel Adnan Khan in the Supreme Court. The federal government has been made respondent in the plea. The petitioner said parliament had the right of making legislation, adding that an amendment could be passed after a two-thirds majority of the house voted in its favour.
Moreover, it has been argued that parliament has no right to give it suggestions on the matters of judiciary, deeming 26th Constitutional Amendment against the basic structure of the constitution and separation of powers among institutions.
In addition, it said, the amendment had altogether altered the method of appointment of the top judge and the formation of the judicial commission, pointing out that the government would now appoint the judges instead of an otherwise set pattern of elevation to the slot of top judge on the basis of seniority.
It has been pleaded in the application that the 26th Constitutional Amendment be nullified as being against the freedom of judiciary and basic rights.
Meanwhile, Advocate Elahi Bakhsh has challenged the constitutional package in the Sindh High Court as well. The petitioner has made the federal government, law ministry and others respondents.
The 26th amendment was incorporated in the 1973 Constitution of Pakistan on Oct 21 (Monday) after President Asif Ali Zardari signed the bill.
