Pakistan Tehreek-e-Insaf (PTI) has approached the Supreme Court with a petition challenging the 26th Constitutional Amendment, arguing that the amendment is unconstitutional, illegal, and should be invalidated. The petition, filed by Advocate Samir Khosa on behalf of PTI, calls for a halt to the Judicial Commission of Pakistan’s ability to make judicial appointments until the court issues its ruling.
In its petition, PTI contends that the 26th Constitutional Amendment undermines the Constitution’s fundamental structure, a principle that Parliament is not empowered to alter. Furthermore, PTI argues that the amendment poses a threat to judicial independence, which is a cornerstone of Pakistan’s constitutional framework.
The Supreme Court has scheduled the first hearing of the case for January 27 in Court Room No. 2. Enhanced security measures will be in place for the proceedings. The case will be heard by a seven-member Constitutional Bench, led by Justice Aminud Din Khan, and comprising Justices Ayesha A. Malik, Jamal Khan Mandokhail, Naeem Akhtar Afghan, Muhammad Ali Mazhar, Hassan Azhar Rizvi, and Musarrat Hilali.
This legal move marks another significant chapter in PTI’s ongoing efforts to challenge various legislative actions they view as detrimental to the constitutional balance in Pakistan. The outcome of this case could have far-reaching implications for the country’s judicial appointments and the overall integrity of Pakistan’s Constitution.
As the case is set to be heard, it remains to be seen how the judiciary will respond to PTI’s constitutional challenge and whether the amendment will be upheld or struck down.
