The Pakistan Tehreek-e-Insaf (PTI) has filed a petition in the Supreme Court challenging the 26th Constitutional Amendment seeking annulment and stay of the Judicial Commission’s role in judicial appointments pending a final judgment.

PTI’s plea alleges that the amendment violates the principles of judicial independence and separation of powers enshrined in the Constitution, Express News reported.

The petition claims that Parliament cannot change the basic structure of the Constitution.

The party also called for all actions taken under the amendment to be declared null and void, arguing that any amendment that undermines judicial independence is unconstitutional.

The PTI maintained that the autonomy of the judiciary is a core component of the Constitution and cannot be compromised through amendments.

Yesterday, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari claimed that only Parliament has the authority to reverse the 26th Constitutional Amendment, saying no other institution would be recognized if it tries to undo the amendment.

Bilawal also addressed issues of the judiciary and stressed that when a new judge is appointed to the Supreme Court, other judges should facilitate their transition instead of creating difficulties.

“Whether it is a bench of the Supreme Court or a constitution bench, everyone must respect the constitution and the law,” he added.

Bilawal’s remarks come amid growing discussion surrounding the 26th constitutional amendment, particularly its rollback.

He made it clear that any reversal of the amendment would only have to be done by Parliament, warning that neither the PPP nor anyone else would accept any attempt by any other institution to undo the changes.

The 26th Amendment has sparked considerable debate with a constitutional bench of the Supreme Court scheduled to hear petitions against it on January 27.

The amendment, passed in October 2024, introduced key changes in the judicial appointment process, specifically in Article 175-A. These changes were significant, especially as the amendment changed the procedure for electing the Chief Justice of Pakistan.

On January 16, a bench case related to the amendment and the powers of the common bench highlighted the ongoing tensions surrounding the issue.

The 26th Amendment had previously led to the creation of a parliamentary committee to select the Chief Justice, a break from Pakistan’s long-standing tradition of selecting the senior-most judge for the role.

Bilawal also reflected on the recent history of judicial appointments, including the controversial selection of Justice Yahya Afridi as the next Chief Justice in October 2024, which led to the change of judicial procedures through the amendment.