The Supreme Court has taken up petitions challenging the 26th Constitutional Amendment. A five-member bench headed by the chief justice heard the case on October 16. The hearing will continue next week.
The petitioners say the amendment weakens the independence of the judiciary. They argue that the new method of appointing judges gives too much power to parliament. The government defends the amendment as a democratic reform.
Petitioners’ arguments
Lawyers for the petitioners said the amendment changed the basic structure of the constitution. They said the judicial commission was now controlled by politicians. One lawyer said an independent judiciary was the heart of democracy.
The attorney general replied that parliament had the right to amend the constitution. He said no basic structure theory existed in Pakistan’s law. He asked the court to dismiss the petitions.
What the amendment changed
The 26th Amendment changed how the chief justice is appointed. It also set up constitutional benches in the Supreme Court. The amendment was passed by parliament last year with a two-thirds majority.
Legal observers said the case was one of the most important in recent years. They said the verdict could shape the balance of power for decades.
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