Islamabad, March 10, 2025: A group of 38 human rights activists and civil society members has petitioned the Supreme Court to strike down the 26th Amendment, calling it unconstitutional and a threat to judicial independence.
The petition argues that the amendment gives excessive power to the executive and legislature over judicial appointments and fundamental rights cases, weakening the judiciary’s autonomy and limiting legal protections for citizens.
This is the first legal challenge against the amendment led by civil society members, including trade unionists, student leaders, and press freedom advocates. The petition warns that the amendment could limit access to justice for marginalized communities, restrict freedoms of expression and assembly, allow the government to suppress dissent and interfere in interprovincial resource disputes.
The petitioners have urged the Supreme Court to strike down the amendment, calling it a serious violation of democratic principles.
Passed in October 2024, the 26th Amendment introduced major changes to the judicial appointment process. The most controversial provision replaces the seniority-based selection of the Chief Justice of Pakistan (CJP) with a nomination by a Special Parliamentary Committee. The new system allows the committee to select one of the three most senior Supreme Court judges for a fixed three-year term.
The ruling coalition, led by Prime Minister Shehbaz Sharif, has defended the amendment, saying it aims to curb judicial overreach and restore parliamentary supremacy. Government officials argue that previous Supreme Court rulings have undermined democratic processes, and the new system ensures greater accountability.
However, the amendment has faced strong opposition from legal experts, political parties, and international bodies. Judicial circles warn that it politicizes the judiciary and threatens judicial independence. Opposition parties, particularly Pakistan Tehreek-e-Insaf (PTI), claim the amendment allows the executive to manipulate judicial appointments, weakening the judiciary’s role as a check on government power. The International Commission of Jurists condemned the amendment as a “serious setback for judicial independence”.
The PTI has called the amendment’s passage a “black day” in Pakistan’s constitutional history, saying it compromises the judiciary’s ability to act freely.
With multiple challenges filed against the 26th Amendment, the Supreme Court’s ruling will be a defining moment for judicial independence in Pakistan. Legal analysts say the decision could reshape the balance of power between the judiciary, parliament, and executive for years to come.
