Islamabad, February 9, 2025: Justice Muhammad Ali Mazhar of the Supreme Court of Pakistan has issued a 20-page note outlining his views on judicial authority in constitutional matters, emphasizing that only Parliament or a Supreme Court ruling can overturn the 26th Constitutional Amendment.
His note, related to an ongoing case, asserts that only a full constitutional bench has the authority to review the constitutionality of laws; regular benches lack this power. He said that he constitutional bench’s decision to overturn a two-judge bench’s orders was valid. The 26th Amendment remains part of the constitution, and until overturned, all proceedings must comply with it.
Justice Mazhar acknowledged that while the amendment has been challenged, any decision to refer the matter to a full court will be addressed separately. He also clarified that regular benches must not exceed their authority, reiterating that only a five-judge constitutional bench can interpret constitutional provisions.
Furthermore, he concurred with the constitutional bench’s decision to invalidate previous orders issued by Justices Mansoor and Aqeel Abbasi, stating that the two-judge bench’s initial orders in the tax case had already been withdrawn, rendering all subsequent actions void.
