26th Constitutional Amendment challenged in Supreme Court and SHC
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The 26th Constitutional Amendment was challenged in both the Supreme Court and Sindh High Court on Tuesday, with petitioners requesting that it be declared null and void.
The amendment is argued to be against fundamental rights and allegedly increases administrative involvement in the appointment of judges in the Supreme Court, reported 24NewsHD TV Channel.
According to the channel report, a petition was filed in the Supreme Court by Malakand resident Mohammad Anas through his lawyer, Adnan Khan Advocate.
Petitioner Anas requested that the 26th Constitutional Amendment be declared unconstitutional and annulled, stating that it violates the independence of the judiciary and fundamental rights.
The petition asserts that no constitutional amendments can be made that contravene basic rights and that this amendment violates Articles 9, 10, 175, and 199 of the Constitution of Pakistan 1973.
The petition further argues that under Article 184, the Supreme Court has the authority to hear challenges to the constitutional amendments.
The federal government, Speaker of the National Assembly, and Chairman of the Senate have been named as respondents in the petition in SC.
Separately, a similar petition has been filed in the Sindh High Court (SHC) by Advocate Elahi Bakhsh, challenging the same amendment.
Elahi Bukhsh in the petition contended that the passage of the 26th Amendment violates the independence of the judiciary and the rule of law.
By amending Article 175A, the petitioner claimed, the amendment has increased administrative interference in the appointment of judges in the Supreme Court.
The petition in the Sindh High Court calls for Sections 8, 11, and 14 of the 26th Amendment to be declared void, arguing that such changes threaten the autonomy of the judiciary and place it under administrative control.
Among the respondents in this petition are the Secretary of the Cabinet Division, the Secretary of Law and Justice, and the Secretary of Parliamentary Affairs.
Reporters: Amanat Gishkori and Mumtaz Jamali