ISLAMABAD: A petition challenging the recently enacted 26th Constitutional Amendment has been field in the Supreme Court, calling for the amendment to be declared null and void.
The petitioner, Muhammad Anas, argues that the amendment violates citizens’ fundamental rights and threatens the independence of the judiciary. He contends that it contravenes the Constitution’s basic structure and disrupts the separation of powers between the government and the judiciary.
The petition claims that the amendment alters the procedure for appointing the Chief Justice of Pakistan, shifting this authority from the judiciary to the government, which the petitioner believes undermines judicial independence.
Additionally, the petition points out that the composition of the Judicial Commission, responsible for appointing judges, has been modified by the amendment. Anas argues that these changes compromise judicial independence and grant the government excessive influence over judicial appointments.
On October 21, President Asif Ali Zardari ratified the 26th Constitutional Amendment following advice from Prime Minister Shehbaz Sharif, after it was passed by Parliament in a midnight session. Prime Minister Sharif has characterized the passage of the amendment as a strong demonstration of national solidarity and consensus.