Supreme Court’s Eight-Judge Bench Resumes Hearing on 26th Amendment Challenge

The Supreme Court’s eight-judge Constitutional Bench has resumed hearing petitions against the 26th Amendment. This amendment, passed in October last year, reshaped the judiciary’s powers and tenure rules. It ended the Supreme Court’s suo motu authority, fixed the Chief Justice of Pakistan’s (CJP) term at three years, and allowed the Prime Minister to appoint the next CJP from among the three most senior judges. These changes have sparked heated debate across the legal and political spectrum. Many lawyers and opposition parties see the move as a challenge to judicial independence.

The Bench and the Challenge

Justice Aminuddin Khan heads the Constitutional Bench, which includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan. The last hearing was on January 27, and many have called for the case to proceed urgently. Petitioners, including several High Court Bar Associations, want the amendment struck down for violating constitutional procedures. They argue that Parliament may not have secured the two-thirds majority required under Article 239.

Key Issues Before the Court

The petitioners say the amendment undermines judicial independence, a cornerstone of Pakistan’s Constitution. They object to provisions that allow annual evaluations of judges, alter the appointment process of the CJP, and create constitutional benches in superior courts. They’ve urged the Supreme Court to restore the original Article 175A(3) and direct the government to appoint the senior-most judge as CJP.
If the court agrees, the ruling could redefine the balance of power between the executive and judiciary.