A citizen has filed a challenge against the 26th Constitutional Amendment in the Supreme Court of Pakistan, requesting that it be declared void.
In the constitutional petition, the petitioner has named the federal government as a respondent and argues that while Parliament can legislate and amend the Constitution with a two-thirds majority, it cannot interfere in judicial matters. The petition claims that the 26th Amendment violates the Constitution’s fundamental framework and the separation of powers among state institutions.
According to the petitioner, the amendment allows the incumbent government to control the appointment of the Chief Justice and alters the formation of the Judicial Commission. The petitioner has asked the court to declare the 26th Amendment a violation of fundamental rights and the independence of the judiciary.
Additionally, the 26th Constitutional Amendment has also been challenged in the Sindh High Court. Advocate Illahi Bux has filed a petition against the constitutional legislation there as well, requesting that sections 8, 11, and 14 of the amendment be declared null and void. The petition names the secretaries of the cabinet division, law and justice, and other relevant parties as respondents.
