The 26th Constitutional Amendment has been challenged by a citizen in the Supreme Court of Pakistan. Petitioner has made the federal government as respondent in the constitutional petition pleading the court to declare the amendment as void. “The Parliament could legislate and amend the constitution with 2/3 majority, but it could not encroach the judicial matters,” the petition read. It argued that the 26th amendment has been violation of the basic framework of the constitution and the division of powers among the state institutions. “The amendment has handed over appointment of the Chief Justice to the incumbent government,” according to the plea.

“The formation of the Judicial Commission has also been altered in the new amendment,” petitioner said. Petitioner has requested to the court to declare the 26th amendment in the constitution as violation of the fundamental rights and the independence of judiciary. The 26th Constitutional Amendment has also been challenged in the Sindh High Court. Illahi Bux advocate has filed a petition against the constitutional legislation in the high court. Petitioner has requested for declaring section 8, 11 and 14 of the constitutional amendment as null and void. Secretaries of cabinet division, law and justice and other concerned have been made respondents in the plea.

Credit: Independent News Pakistan