ISLAMABAD: The Supreme Court’s eight-member constitutional panel resumed deliberations on Monday to review multiple petitions opposing the 26th Constitutional Amendment, which alters the judicial framework and the tenure of the Chief Justice. Led 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 the hearing, Justice Mazhar noted that only the Constitutional Bench has the authority to hear constitutional questions. Justice Aminuddin cautioned against labeling the 26th Amendment as “controversial,” emphasizing that it remains part of the Constitution unless a court rules otherwise. Senior counsel Akram Sheikh, representing himself, argued that the current eight-member bench was not authorized to hear the case since it was formed under the very amendment under scrutiny. He called for the appointment of a full court, comprising all 24 Supreme Court judges, to hear the matter.
Expressing hope for the court to overturn the amendment, Sheikh described it as a setback to judicial independence. The 26th Amendment, enacted during a contentious overnight parliamentary session in October 2024, limits the Supreme Court’s suo motu powers, sets the Chief Justice’s term at three years, and grants the Parliament’s Special Committee the authority to appoint the Chief Justice from among the three most senior judges. Critics, including opposition parties and legal scholars, have raised concerns over its potential impact on judicial independence.
Sheikh insisted that the case should be considered by the full bench, while retired Justice Shabbar Raza Rizvi suggested that the Practice and Procedure Committee could convene a full court to review the issue. Questions were also raised by Justices Mandokhail and Mazhar regarding whether all 24 judges could serve on the bench without conflicts of interest, given that each is affected by the amendment.
The hearing was adjourned until 11:30 a.m. on Tuesday, with further arguments anticipated from the petitioners.
