The 26th Constitutional Amendment has been formally challenged in the Supreme Court of Pakistan. Former Human Rights Commission of Pakistan chairman and ex-senator Afrasiab Khattak filed a petition urging the court to form a full bench to hear the case.
In his petition, Khattak questioned the circumstances under which the amendment was passed, calling for an inquiry into whether legislators voted under duress or voluntarily. He requested the Supreme Court to conduct the investigation either directly or through a judicial commission, as the amendment allegedly undermines the independence of the judiciary.
The petitioner argued that the amendment was not passed with due diligence and urged the court to dismiss it. He highlighted that the annual performance review mechanism for judges, as proposed by the amendment, violates judicial independence—a fundamental structure of the Constitution. Additionally, Khattak challenged the changes in the appointment process of the Chief Justice and the formation of constitutional benches, stating that these provisions compromise judicial autonomy.
The petition also called for a prohibition on constitutional benches hearing the challenge against the 26th Amendment, as it directly pertains to judicial independence. Khattak has named the PML-N, PPP, and other parties as respondents in the case.
It is noteworthy that a similar petition was previously filed in the Supreme Court, seeking to nullify the 26th Amendment. The case is expected to garner significant attention due to its potential implications on the constitutional framework and judicial structure of Pakistan.
