Islamabad, October 22,2024- The 26th Constitutional Amendment has been challenged in the Supreme Court, with the petitioner requesting the court to declare the amendment null and void.
According to details, a petitioner named Muhammad Anas, through his lawyer Adnan Khan, filed the petition in the Supreme Court, making the federation a party to the case. The petitioner argued that while Parliament has the authority to legislate and amend the Constitution with a two-thirds majority, it does not have the right to interfere in judicial matters. The 26th Constitutional Amendment, they contend, goes against the basic structure of the Constitution and the separation of powers between institutions. The petition states that the amendment alters the procedure for appointing the Chief Justice, transferring the power to the sitting government. Additionally, the composition of the Judicial Commission for appointing judges has been changed. The petitioner urged the court to declare the 26th Constitutional Amendment a violation of fundamental rights and judicial independence and thus null and void.
