Supreme Court Faces New Challenges Over Controversial 26th Amendment

New petitions against Pakistan's 26th Constitutional Amendment argue it conflicts with core constitutional principles. Filed by political leaders, the petitions demand the Supreme Court nullify the amendment, review parliamentary vote procedures, and assert judicial independence. Concerns over federalism and judiciary power are central to the case.

The Supreme Court of Pakistan is once again the focal point of constitutional discussions, as new legal challenges arise against the 26th Constitutional Amendment. Two fresh petitions, submitted on Friday, contend that the amendment undermines crucial constitutional tenets and the very foundation of the legal structure.

Among the notable figures behind one joint petition are BNP-M chief Akhtar Mengal, Dr. Fehmida Mirza, Mohsin Dawar, and Mustafa Nawaz Khokhar, represented by lawyer Salahuddin Ahmed, who also filed a separate petition independently. According to Dawn, the petitioners are urging the Supreme Court to nullify the amendment, stating it was passed in a manner conflicted with constitutional laws, thereby holding no legal validity from the outset.

The petitions also call for an inquiry into the alleged coercion of parliamentary votes linked to the Act, emphasizing the need to examine the factual claims presented. Further arguments insist that sections 7, 14, 17, and 21 of the amendment should be declared ultra vires, deemed null, and irrelevant from their inception, violating judiciary independence and central constitutional principles.

Accentuating the integral federal structure of Pakistan long predating the 26th Amendment, the petitioners urge for the clarity of the Constitution's promises of judiciary independence and power separation. Referencing the Pakistan Resolution of March 23, 1940, the petitions assert the autonomy of constituent units as a historical and constitutional pillar echoing across all twelve parts of the Constitution.

The petitions express urgent concern over arbitrary changes within constitutional benches and stress the necessity for valid, documented reasons for any deviation from established seniority norms, stressing these should be open to judicial scrutiny. As the 26th Constitutional Amendment Bill faces resistance, particularly from Imran Khan's PTI party, which argues it threatens judiciary independence, it remains a contentious issue in the nation's legislative arena.

(With inputs from agencies.)