Challenge against the 26th Constitutional Amendment at the Supreme Court

The National Assembly and Senate recently enacted a law with a two-thirds majority, establishing the Chief Justice of Pakistan’s term at three years.

President of the Supreme Court Bar, Abid Zuberi, together with five other attorneys, has filed a petition with the Supreme Court challenging the 26th constitutional amendment on the grounds that it contravenes fundamental rights and the constitution.

“Legislators cannot be compelled to endorse a constitutional amendment.”

The petitioners asserted that the establishment of Parliament is ‘incomplete’ and that enacting such an amendment contravenes the law. They additionally stated that the selection of the Chief Justice of Pakistan via a Parliamentary committee constitutes ‘intervention’ with the judiciary.

The Supreme Court has been petitioned to annul the 26th constitutional amendment.

Bilawal visits Prime Minister Shehbaz, designating the 26th Amendment as historic.

Twenty-sixth Constitutional Amendment
The constitutional amendment stipulates a three-year term for the Chief Justice of Pakistan.

A 12-member parliamentary committee will select the new Chief Justice of Pakistan from a panel of the three most senior judges.

The committee, consisting of eight National Assembly members and four Senate members, will recommend a candidate to the Prime Minister, who will thereafter submit it to the President for final confirmation.

A Judicial Commission of Pakistan, chaired by the Chief Justice and comprising three senior judges, two representatives each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a nominee from the Pakistan Bar Council with a minimum of fifteen years of Supreme Court practice, will oversee the appointment of Supreme Court judges.