ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) on Saturday challenged the 26th Constitutional Amendment in the Supreme Court, arguing that the Act is not merely a legislative exercise but an assault on the foundational principles of the Constitution.
The petition filed under Article 184(3) of the Constitution names the federation through the Ministry of Law and Justice, four provincial chief secretaries, the Senate chairman, the National Assembly speaker, the Election Commission of Pakistan (ECP), and the Balochistan National Party as respondents.
The PTI has requested the apex court to declare the amendment unconstitutional, contending that it violates the salient features of the Constitution, including the independence of the judiciary, the rule of law, parliamentary democracy, and fundamental rights. The party claims that the amendment is void ab initio and holds no legal effect whatsoever.
Additionally, the PTI has prayed for sections 7, 9, 10, 12, 14, and 27 of the 26th Constitutional Amendment Act, along with the amendments introduced therein, to be declared ultra vires to the Constitution and in direct conflict with its fundamental principles.
The PTI further urged the apex court to restrain the Judicial Commission of Pakistan, as reconstituted under the amended Article 175-A through the 26th Constitutional Amendment, from convening, taking any actions, making appointments, or exercising any authority conferred by the amendment.
It is pertinent to note that an eight-member constitutional bench of the Supreme Court, headed by Justice Amin-ud-Din Khan, will take up the case on January 27.
The bench also includes Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan.
Several identical petitions have been filed in the Supreme Court against the 26th Constitutional Amendment.
These include petitions by the Balochistan Bar Council, the Balochistan High Court Bar Association, Jamaat-e-Islami, the Sunni Ittehad Council, the Karachi Bar Association, and eight former presidents of the Supreme Court Bar Association (SCBA).
Most of the petitioners have also requested the formation of a full court to hear these identical petitions.
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