Islamabad: The contentious 26th constitutional amendment, introduced by the Shehbaz Sharif administration, has been contested by a citizen before the Supreme Court of Pakistan, as reported by ARY News.
The petitioner has filed a constitutional petition against the central government of Pakistan, seeking a declaration that the amendment is unconstitutional. The petition asserts that the amendment infringes upon the judicial prerogatives, despite the fact that the Parliament is empowered to legislate and amend the constitution with a two-thirds majority, yet it is prohibited from encroaching upon judicial matters.
According to ARY News, the petition contends that the 26th Amendment has violated the fundamental structure of the constitution and the distribution of powers among the various state institutions. It alleges that the amendment has transferred the appointment of the Chief Justice to the incumbent government and has altered the composition of the Judicial Commission.
The petitioner has requested the court to declare the 26th amendment unconstitutional, citing violations of fundamental rights and the independence of the judiciary.
It is also noteworthy that the 26th Constitutional Amendment has been subject to legal challenges in the Sindh High Court. The case was initiated by Illahi Bux, an advocate, who has petitioned against the constitutional legislation in the high court. The petitioner has sought to declare sections 8, 11, and 14 of the amendment as null and void.
The case has involved the participation of the Secretaries of the Cabinet Division, Law and Justice, and other relevant departments.
Prime Minister Shehbaz Sharif has been in the process of garnering support from political parties across the political spectrum for the amendments. Prominent figures from Pakistani society, including Fazlur Rehman, the Chief of Jamiat Ulema-e-Islam-F, and Bilawal Bhutto, the chairperson of the Pakistan People's Party, have been approached by him.
The 26th Constitutional Amendments are currently facing widespread protests within Pakistani society, with various sectors alleging that they undermine the judiciary's power within the country.
