Munib and Justice Mansoor write to the CJP to schedule arguments against the 26th Amendment for this week.

Originally made at a committee meeting on October 31, the two judges reaffirmed their request in a letter to the Chief Justice. There was no cause list issued in spite of the determination made at that meeting that the matter will be heard by a full court on November 4.

The Chief Justice was asked to call a committee meeting on October 31 by both senior judges of the Supreme Court, but when that failed, they called the meeting themselves.

On November 4, they agreed to hold a full court hearing on the 26th Amendment case. Additionally, they gave the registrar instructions to post the minutes of the meetings on the website.

Previously, the recently enacted 26th constitutional amendment was challenged before the Supreme Court (SC).

Abid Zuberi, the president of the Supreme Court, and five other attorneys filed a case against the 26th constitutional amendment, arguing that it violated the constitution and fundamental rights.

“Constitutional amendments cannot be approved by lawmakers under duress.”

Furthermore, according to the petitioners, the Parliament’s formation was “incomplete,” therefore it was illegal to pass such a change. The nomination of Pakistan’s top justice by a parliamentary committee, they added, is “interference” in the judiciary.

The 26th amendment to the constitution was asked to be overturned by the Supreme Court.

26th Amendment to the Constitution
According to the constitutional revision, the Chief Justice of Pakistan would serve a three-year term.

From a group of the three most senior justices, a 12-member parliamentary committee will choose the country’s next Chief Justice.

The Prime Minister will make the final decision on the name once the committee, which consists of eight members from the National Assembly and four from the Senate, suggests it to him.

In addition, the Chief Justice will preside over a Judicial Commission of Pakistan made up of three senior judges, two representatives from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a nominee of the Pakistan Bar Council with at least fifteen years of Supreme Court practice.