The 26th Constitutional Amendment, which alters the procedures for appointing judges and restructures the judiciary, has been challenged in the Supreme Court by various petitioners. Lawyers’ organizations in Balochistan, including the Balochistan Bar Council and the Balochistan High Court Bar Association, have filed separate petitions requesting that the amendment be declared unconstitutional and in violation of core constitutional principles.
The petitioners named the law secretary and chief secretaries of all provinces as respondents, arguing that the amendment infringes upon judicial autonomy. They are seeking an injunction to prevent the Judicial Commission from forming, conducting meetings, or issuing directives under the new amendment, as well as declaring all actions taken under it null and void.
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In addition, a group of six prominent lawyers, including a former president of the Supreme Court Bar Association, has also filed a petition against the 26th Amendment, expressing concerns over its implications for fundamental rights. They argue that the amendment is unconstitutional and detrimental to both fundamental rights and the constitutional framework. Their petition requests a halt to the Judicial Commission’s meetings for judicial appointments.
The petitioners contend that parliamentarians should not be coerced into voting for the amendment, noting that the current parliament is incomplete and raising legal questions regarding its constitutionality. They emphasize that the independence of the judiciary and the separation of powers are essential elements of the constitution that cannot be altered by a constitutional amendment.
A significant point of contention in the petitions is the involvement of the Parliamentary Committee in appointing the Chief Justice, which the petitioners view as interference in judicial matters. They also criticize the amendment’s provision for establishing constitutional benches at both federal and provincial levels, asserting that this creates a parallel judicial system that undermines the authority of the Supreme Court.
The six lawyers, including Abid Zuberi, have made both the federation and the provinces parties to the petition.
