PTI challenges 26th Constitutional Amendment in Supreme Court

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Saturday challenged the 26th Constitution Amendment in the Supreme Court, seeking it to declare the constitutional tweaks null and void.

Imran Khan-founded party moved the constitutional petition through its chairman Barrister Gohar Khan under Article 184 (3) of the Constitution, making it the 16th petition filed against the Constitutional Package.

The Parliament on October 21, 2024, passed the Constitution (Twenty-sixth Amendment) Act, 2024, also known as the 26th Constitutional Amendment, which several major changes in the practices of the judiciary, military, and other fundamental structures of the Constitution of Pakistan.

The legalisation took away the Supreme Court’s suo motu powers, set the chief justice of Pakistan’s (CJP) term at three years, and empowered the prime minister to appoint the next CJP from among the three most senior SC judges.

PTI’s plea argued that parliament cannot alter the fundamental structure of the constitution, calling for all actions taken under the amendment to be declared void.

The amendment attacks the foundational principles enshrined in the Constitution and violates the principles of judicial independence and the separation of powers enshrined in the Constitution, the plead added.

It further stated, “The 26th Constitutional Amendment destroys judicial independence, dilutes democratic norms to a point beyond recognition, and disregards the principles of equal representation, thereby threatening the balance of power between the executive, legislature, and judiciary.”

It also requested the top court to prevent the Judicial Commission of Pakistan, formed under the amendment, from appointing judges until a decision is made on the constitutional amendment.

The petition stated that the 26th Amendment Act was invalidly passed and is unconstitutional, being ultra vires Articles 4, 17, 19A, 25, 34, 36, 63A, 175(3), 175A, 184(3), 191, 209, 238, and 239 (and others) of the Constitution.

“Moreover, they essentially destroy the principles of separation of powers, independence of the judiciary, fundamental rights, parliamentary democracy, and federalism, which are salient features of the Constitution,” the petition read.

The petition questioned the tweaks that revoked the suo motu jurisdiction of the apex court, stating “Does the restriction impede the Supreme Court’s constitutional role as the guardian of fundamental rights under Article 184(3)?”

Providing reasons why it violates the articles, the petition mentioned that it was due to the absence of a fully constituted Parliament, “coercion, harassment, and undue influence of members of Parliament, illegal inclusion of votes of defecting members of Parliament”.

“Declare that Sections 7, 9, 10, 12, 14, 17, 21, and 27 […] along with the amendments introduced thereby, are ultra vires the Constitution and in direct conflict with its salient features and are therefore void ab initio, and of no legal effect.”

The party also wants any actions, appointments, or decisions made by any person or body after the passage of the amendment and its consequential legislation to be declared unlawful.