“The Parliament could legislate and amend the constitution with a 2/3 majority, but it could not encroach the judicial matters,” the petition against the 26th constitutional amendment read.
ISLAMABAD: The 26th Constitutional Amendment Bill enacted following President Zardari’s approval was challenged in the Supreme Court of Pakistan on Tuesday, where a petitioner argued that Parliament has no power to make suggestions on judicial matters.
A petition filed by a citizen named Muhammad Anas through lawyer Adnan Khan made the Federation a respondent pleading with the court to declare the amendment null and void.
“The Parliament could legislate and amend the constitution with a 2/3 majority, but it could not encroach the judicial matters,” the petition against the 26th constitutional amendment read.
The petitioner argued that these amendments in the constitution violate the basic framework of the constitution and the division of powers among the state institutions.
“The amendment has handed over the appointment of the Chief Justice to the incumbent government. The formation of the Judicial Commission has also been altered in the new amendment,” the petition added.
Petitioner has requested to the court to declare the 26th amendment in the constitution as a violation of the fundamental rights and the independence of the judiciary.
Moreover, the newly enacted amendments in the Constitution of Pakistan have also been challenged in the Sindh High Court.
Advocate Illahi Bux has filed a petition requesting to declare Sections 8, 11, and 14 of the constitutional amendment as null and void.
The petitioner made secretaries of cabinet division, law and justice, and other concerned departments as respondents in the plea.
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