The High Court of Sindh, in a decisive move, rejected a petition aimed at stopping the Pakistani Federal Cabinet from endorsing the proposed 26th Amendment to the Constitution of Pakistan. According to the court, the judicial system does not permit intervention in legislative processes unless a legislative item clearly violates the constitution. The request to provide a sixty-day period for public debate was similarly dismissed due to the absence of any constitutional mandate for such a procedure.
The controversial 26th Amendment seeks to create supreme courts at federal and provincial levels, vested with exclusive appellate jurisdiction over constitutional matters. It further aims to introduce a three-year term limit for the Chief Justice of the Supreme Court and a retirement age of sixty-eight.
Opponents warn that the amendment could substantially weaken the country’s judicial independence. Lawyer Salahuddin Ahmed remarked that the bill would effectively abolish the Supreme Court of Pakistan, an opinion supported by various legal professionals and former politicians. Critics also argue that the planned Federal Constitutional Court would compromise the country’s common law system, which traditionally relies on precedent.
In reaction, former Prime Minister Imran Khan has taken the matter to international platforms, including the UN, arguing that the legislative changes could be weaponized against him and other political figures. Similarly, former Prime Minister Shahid Khaqan Abbasi expressed concerns that the amendment could erode individual rights by restricting High Courts’ powers.
While the constitutional amendment requires two-thirds approval from both parliamentary houses and the President, this judicial decision paves the way for further legislative maneuvering by the government. For more detailed insights, visit the original article on JURIST – News.