Thirty-eight human rights activists and civil society members from across Pakistan have filed a petition in the Supreme Court, challenging the legality and constitutionality of the 26th Amendment, which was hastily passed through Parliament in October last year.
Representing diverse backgrounds, the petitioners include individuals from various religions, sects, ethnicities, genders, age groups, and socioeconomic classes. Among them are trade unionists, bonded labor and peasant representatives, student leaders, grassroots activists, and advocates for civil liberties, gender equality, equal citizenship, and press freedom.
While multiple petitions have been submitted against the 26th Amendment, this civil society-led initiative aims to highlight concerns of those most affected by it. The petition remains strictly nonpartisan, arguing that the amendment is a direct attack on fundamental rights and the country’s democratic framework.
The petition asserts that the 26th Amendment was enacted through an abuse of power and a blatant disregard for due process. It challenges the amendment’s impact on the nation’s social contract, emphasizing that it undermines judicial independence—one of the three fundamental pillars of the state.
According to the petitioners, the amendment grants excessive influence to the executive and legislature in appointing the chief justice of Pakistan, as well as judges to the Supreme Court and high courts. Additionally, it allows them to determine the composition of constitutional benches, further eroding judicial autonomy.
The petitioners argue that such drastic and poorly conceived changes will have long-term consequences for democracy. They claim the amendment violates the principle of separation of powers and dismantles essential oversight mechanisms, increasing the risk of unchecked power within the state.
