Karachi, December 26, 2024: The Karachi Bar Association has filed a petition in the Supreme Court of Pakistan challenging the 26th Constitutional Amendment, calling for its annulment.
Advocate Faisal Siddiqui submitted the petition on behalf of the Karachi Bar, seeking the abrogation of the amendment and the nullification of constitutional benches established under its provisions, along with their decisions.
The petition argues that the 26th Amendment violates fundamental principles of judicial independence and fundamental rights enshrined in the Constitution.
The federal government, all four provincial governments, the Election Commission of Pakistan, and the Speaker of the National Assembly have been named as respondents in the case.
It is noteworthy that the federal government secured a two-thirds majority for the passage of the 26th Amendment in the National Assembly during a late-night session on October 21, shortly after it was passed by the Senate.
The 26th Constitutional Amendment introduces significant changes, including reforms to the appointment process and tenure of the Chief Justice of Pakistan. It also establishes constitutional benches in the Supreme Court with equal representation from all provinces, as well as similar benches in the high courts.
Under the amendment, the senior-most judge of each constitutional bench will serve as its presiding officer. Additionally, the tenure of the Chief Justice of Pakistan has been fixed at three years.
The petition by the Karachi Bar Association underscores concerns about the potential impact of these changes on judicial independence and calls for judicial scrutiny of the legislation.
