ISLAMABAD: The Supreme Court of Pakistan is facing new challenges to the 26th Constitutional Amendment, with two additional petitions submitted on Friday arguing that the amendment violates key principles of the Constitution and undermines its foundational structure.
One of the joint petitions was filed by BNP-M chief Akhtar Mengal, Dr Fehmida Mirza, Mohsin Dawar, and Mustafa Nawaz Khokhar through their counsel, Salahuddin Ahmed, who also filed a separate petition independently, as reported by Dawn.
The petitions ask the Supreme Court to declare the 26th Amendment as having been passed in a manner that conflicts with the Constitution and the law, rendering it null and void from the outset, with no legal validity. They also urge the court to annul any actions, decisions, notifications, proceedings, or structures established by any person, authority, or body based on the amendment.
The report further stated that the petitioners requested the Supreme Court to mandate an independent investigation into how votes were reportedly coerced and obtained in Parliament regarding the Act, especially in relation to the factual claims made in the current petitions.
The petitioners further argued that, without prejudice, the court should declare sections 7, 14, 17, and 21 of the 26th Amendment as ultra vires and void from the outset, as they violate the independence of the judiciary and undermine key principles of the Constitution.
The petitioners also sought a ruling that sections 7, 14, 17, and 21 of the Act are legally ineffective due to their impossibility, and that the so-called Judicial Commission, along with the so-called constitutional benches and all their actions and proceedings, are non-existent, null, and void from the outset, Dawn reported.
The petitions urge the Supreme Court to declare that sections 7, 14, 17, and 21 of the Act must be interpreted in harmony with the key and foundational provisions of the Constitution, which guarantee the independence of the judiciary and the separation of powers, in order to avoid any conflict with these principles.
The petitioners argue that Pakistan is a federation, and federalism has been a core principle of the state long before the 26th Constitutional Amendment was enacted, and even before the creation of Pakistan.
The petitions emphasised that “The Pakistan Resolution of March 23, 1940, calls for an independent state where the constituent units are autonomous and sovereign. This autonomy of the federating units is clearly stated in the preamble of our Constitution. Every section of the Constitution, across all twelve parts, addresses the federating units and includes provisions safeguarding their representation and autonomy.”
The petitions express concern that the constitutional benches in the Supreme Court and high courts could be established based on seniority and set for fixed terms of at least two years, to avoid arbitrary or biased removals.
The petitions state, “Any departure from the seniority principle must be based on valid, written reasons, which should be subject to judicial review. Furthermore, it is the responsibility of the Supreme Court bench hearing an appeal to determine whether the case involves a significant constitutional question that warrants referral to the constitutional benches.”
The 26th Constitutional Amendment Bill that has been passed in the senate, had received pushback from the opposition, mainly from Imran Khan’s Pakistan Tehreek-e-insaf (PTI) party which held various protests alleging that the bill would undermine the judiciary’s powers. The bill has 27 clauses and amendments to various articles of the Constitution have been proposed. (ANI)