A new petition has been filed in the Supreme Court of Pakistan challenging proposed constitutional amendments that could limit the powers of the superior judiciary. The move has intensified national debate over the potential impact on judicial independence and the balance of powers.
The petition, submitted by Barrister Ali Tahir on Friday, argues that the proposed constitutional changes represent an “unprecedented assault” on the autonomy of the judiciary. Reports suggest the government is considering measures to transfer or restrict the Supreme Court and high courts’ jurisdiction under Articles 184(3) and 199 of the Constitution. These provisions enable the judiciary to address issues of public importance and safeguard citizens’ fundamental rights.
Barrister Tahir warned that the amendment could pave the way for new “Constitutional Courts,” effectively sidelining the Supreme Court and high courts. He claimed such actions would “dismantle the constitutional framework” and “violate the separation of powers,” undermining both justice and the rule of law.
The petition names the Federation of Pakistan, the Senate chairperson, and the National Assembly speaker as respondents. It urges the Supreme Court to block any legislative attempt to alter judicial powers, asserting that the court’s original jurisdiction under Article 184(3) forms an inviolable part of the Constitution’s basic structure.
According to the plea, establishing parallel courts would contradict Articles 175 to 191, which define the judiciary’s authority and structure. Barrister Tahir requested interim orders to prevent the government and Parliament from advancing the proposed 27th Amendment or any similar bill until the court delivers its final verdict.
He also called for any amendment that subordinates the judiciary to the executive or legislature to be declared void from the outset. The petition emphasizes that the Supreme Court and high courts are the “sole guardians of judicial power” in Pakistan, and their independence cannot be compromised by any branch of the state.
In other news read more about: Parliamentary Leaders to Approve 27th Constitutional Amendment Next Week
