Islamabad, January 25, 2025: The Pakistan Tehreek-e-Insaf (PTI) has filed a petition in the Supreme Court, seeking to annul the 26th Constitutional Amendment and suspend the judicial commission’s role in judicial appointments until a final verdict is reached.
PTI argues that the amendment undermines the principles of judicial independence and the separation of powers enshrined in the Constitution. According to the petition, the amendment alters the fundamental structure of the Constitution, which Parliament is not authorized to change. The party also called for actions taken under the amendment to be declared unconstitutional, emphasizing that judicial autonomy is a cornerstone of the Constitution that cannot be compromised.
Meanwhile, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari firmly stated that only Parliament has the authority to repeal the 26th Amendment. Addressing concerns over its rollback, Bilawal warned that no institution other than Parliament would be recognized in attempts to reverse the amendment.
Bilawal emphasized the importance of respecting the Constitution and the law, particularly in judicial appointments. He urged Supreme Court judges to facilitate the integration of newly appointed judges, rather than creating hurdles, asserting that all benches, including constitutional benches, must adhere to legal principles.
The 26th Amendment, enacted in October 2024, introduced significant changes to Article 175-A, particularly in the judicial appointment process. It replaced the seniority-based tradition of appointing the Chief Justice of Pakistan with a parliamentary committee responsible for the selection.
The amendment has sparked intense debate and legal challenges, with a constitutional bench of the Supreme Court scheduled to hear petitions against it on January 27.
Recent developments include a fractured bench on January 16, highlighting divisions within the judiciary regarding the amendment. The controversy also stems from the selection of Justice Yahya Afridi as the Chief Justice in October 2024, which led to procedural changes facilitated by the amendment.
Bilawal reiterated that any rollback of the amendment must be carried out exclusively by Parliament, warning against interference from other institutions.
