PTI Challenges 26th Amendment in Supreme Court

PTI Challenges 26th Amendment in Supreme Court

ISLAMABAD It is reported that the Pakistan Tehreek-e-Insaf (PTI) on Saturday fought the 26th Amendment in a statement that it violated the Constitution, making it the 16th petition to challenge the controversial change.

In October, the legislature ratified changes to the Constitution, which allowed the legislature to choose the Chief Justice, establish the term of the Chief Justice, and create constitutional benches.

The constitutional changes were ratified in a special session of parliament, held on Sunday, a public holiday and lasted all late into the night, ending just before dawn.

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After the change following the move, the PTI -who did not participate during the session at which the Amendment was approved -and other opposition parties claimed it was a plot to undermine the judiciary.

On the same day prior, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari -who is an ally of Pakistan Muslim League-Nawaz (PML-N) stressed the fact that the 26th Constitutional Amendment can only be repealed if a parliament approves, saying that should any institution tries to repeal the Amendment, any person cannot accept it.

In its petition, the PTI has urged the highest Court to determine that the Amendment does not violate the most important aspects of the Constitution, including that of independence for the judiciary. The rule of law, the federal system, the separation of power, democratic parliamentary government and fundamental rights.

The opposition also urged that the Court declare the method that the Constitution was altered, as it violates Articles 63A 238 and 239 of the Constitution.

In announcing why it violates the Constitution in the petition, it was stated that it was due to an absence of a properly functioning Parlament, “coercion, harassment, and undue influence of members of Parliament, illegal inclusion of votes of defecting members of Parliament.”

“Declare that Sections 7, 9, 10, 12, 14, 17, 21, and 27 […] along with the amendments introduced thereby, are ultra vires the Constitution and in direct conflict with its salient features and are therefore void ab initio, and of no legal effect.”

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The party would also like any appointments, actions or decisions made by any body or any individual following the passing of the Amendment, as well as the legislation that follows it, to be declared illegal.

“Declare that the Supreme Court (Practice and Procedure) (Amendment) Act, 2024, and the Supreme Court (Number of Judges) (Amendment) Act, 2024, are unconstitutional.”

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Stop this Judicial Commission of Pakistan, in the form it was reconstituted by the Amendment, from meeting, taking any act, making appointments, and exercising any power, according to the statement.

“Declare the appointment of Constitutional Benches and additional judges made by the Judicial Commission of Pakistan […] to be unconstitutional, without lawful authority.”