During the ongoing hearing of the 26th Constitutional Amendment case, SC Justice Mazhar cites Indian judiciary’s CB during 26th Amendment case hearing, drawing attention to comparative judicial practices between Pakistan and India. His remarks came as the Supreme Court bench reviewed the constitutional validity of the amendment and its implications for judicial independence.
Justice Mazhar referenced the Indian judiciary’s “collegium system” — a process in which senior judges play a key role in the appointment of judges — to highlight how neighboring countries maintain judicial oversight. By mentioning this, SC Justice Mazhar cites Indian judiciary’s CB during 26th Amendment case hearing to emphasize the need for institutional checks and balances within Pakistan’s own judicial system.
The 26th Amendment, currently under scrutiny, addresses issues related to judicial appointments, tenure, and the balance of powers between the executive and the judiciary. Justice Mazhar stated that lessons from other constitutional frameworks could help ensure transparency and autonomy in Pakistan’s legal structure.
During the proceedings, the bench engaged in a detailed discussion about how amendments to the Constitution can affect the separation of powers. Legal experts present in court noted that SC Justice Mazhar cites Indian judiciary’s CB during 26th Amendment case hearing to underline the judiciary’s responsibility to protect its independence from political influence.
The court also reviewed past judgments and precedents concerning constitutional interpretation, with Justice Mazhar stressing that comparative insights from other democratic systems can provide valuable guidance. His observations were seen as part of a broader judicial effort to maintain equilibrium between state institutions while preserving the rule of law.
The hearing is expected to continue next week, with the bench likely to invite further arguments from both the government and petitioners regarding the constitutional scope of the amendment.
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