Pakistan's Supreme Court Faces New Challenge Over 26th Constitutional Amendment

Pakistan's Supreme Court is facing a fresh legal challenge over the 26th Constitutional Amendment Act, as the Karachi Bar Association (KBA) has filed a petition in the court, claiming the amendment undermines judicial independence, federalism, and the separation of powers.

The 26th Amendment, passed by the National Assembly and approved by the Senate, introduced significant changes to the appointment procedure and duration of service for the Chief Justice of Pakistan, as well as the formation of constitutional benches within the Supreme Court and high courts. However, the KBA petition argues that these changes are ultra vires to the Constitution and violate fundamental principles of judicial independence and human rights. The petition also claims that the amendment was passed through an unusual process and has no legal effect.

The KBA is not the only organization to express concerns over the 26th Amendment. The Supreme Court Bar Association of Pakistan (SCBAP) has also weighed in, commending the Judicial Commission of Pakistan's (JCP) decision to extend the constitutional benches for another six months. The SCBAP has criticized the All Pakistan Lawyers Action Committee for condemning the extension and composition of the constitutional bench, calling their statement "unfounded and reprehensible." The SCBAP has also urged the Pakistan Bar Council to take action against the representatives of the committee for issuing such statements.

The JCP, which consists of equal representation from the judiciary and legislature, has come under fire from some quarters for its decision to extend the constitutional benches. However, the SCBAP has defended the JCP's proceedings, citing the benefits of the amendment in securing the judiciary's independence and reducing the Supreme Court's backlog. According to the SCBAP, the introduction of constitutional benches has facilitated faster justice and improved the overall efficiency of the judicial system.

The Supreme Court's handling of the 26th Constitutional Amendment Challenge is set to be a significant test of its independence and ability to uphold the Constitution. As the court weighs the arguments presented by the KBA and other relevant stakeholders, it will be interesting to see how it navigates the complex issues surrounding judicial independence, federalism, and the separation of powers in Pakistan.