– The Supreme Court’s eight-member constitutional bench on Monday continued hearing multiple petitions challenging the 26th Constitutional Amendment, which redefined judicial powers and the chief justice’s tenure.
Headed by Justice Aminuddin Khan, the bench includes Justices Jamal Khan Mandokhail, Ayesha Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan, and Muhammad Ali Mazhar.
During proceedings, Justice Mazhar observed that no bench other than the Constitutional Bench (CB) could hear constitutional matters. Justice Aminuddin also cautioned against calling the 26th Amendment “controversial,” saying it was now part of the Constitution unless struck down.
Senior lawyer Akram Sheikh, appearing in person, argued that the eight-member CB was not competent to hear the case as it was formed under the very amendment being challenged. He requested the formation of a full court comprising all 24 Supreme Court judges.
“I hope Allah gives you courage to strike down this Amendment,” he said, terming it a blow to judicial independence.
The 26th Amendment – passed during a heated overnight parliamentary session in October 2024 – curbed the Supreme Court’s suo motu powers, fixed the Chief Justice’s term at three years, and empowered Parliament’s Special Committee to appoint the CJP from among the three most senior judges. Opposition parties and legal experts have since questioned its impact on judicial autonomy.
Petitioner Sheikh insisted the case should be heard by the entire court, while retired Justice Shabbar Raza Rizvi contended that the Practice and Procedure Committee could constitute a full court to decide the matter.
Justice Mandokhail and Justice Mazhar questioned whether all 24 judges could hear the case without a conflict of interest, as each was affected by the Amendment.
The bench adjourned the hearing till 11:30am on Tuesday, with further arguments expected from the petitioners.
