An eight -judge constitutional bench (CB) from the Supreme Court (SC) on Tuesday took up a cluster of pleas that challenged the 26th constitutional amendment – legislation that re -elected legal authority, limited employment standards and triggered harsh debate on the independence of the judiciary.
The bench indicated that it would first deal with the petitions calling for the formation of a full court before approaching requests seeking live streaming of the procedure.
Tehreek-I-Tahaffuz Ayeen-in-Pakistan Chairman Mustafa Nawaz Khokhar was represented by lawyer Shahid Jameel, who filed an appeal to the constitution of a full court. Mr. Jameel said to the court, “Options were raised in our petition about the formation of a full court.”
After consideration, the bench ordered that the petition was formally registered.
Khawaja Ahmad Hosain, adviser to former Chief Justice Jawad S. Khawaja, requested the procedure to be sent live. “The whole nation will see what happens,” he said. He also argued that the consultations on the petition requested for the formation of a full court bench should also be the live stream.
Khyber-Pakhtunkhwa government representative said, “We have no personal objection to any judge on the bench.”
Barrister Salahuddin claimed that “every citizen should have access to information of public importance”. He claimed that the 26th amendment was adopted “at night” without public debate and called for greater transparency.
In a decision that favors the petitioners, the Supreme Court has granted approval for live streaming of the procedure regarding the 26th constitutional amendment.
The case has been postponed until tomorrow.
On the 26th consequence change
The 26th Constitutional Change Act, 2024, introduced far -reaching reforms to Pakistan’s legal system. Adopted in October 2024, the Supreme Court SUO Motu powers removed the Super of Article 184 (2).
It also restructured the Legal Commission for Pakistan and changed the bench formation of powers and expanded the role of parliament and exercise. The change also required the state to eliminate Riba (interest) from the financial system by January 1, 2028.
The bench and pleas
An Eight Judge Constitution Bench (CB) from the Supreme Court, led by Justice Aminuddin Khan, hears the petitions who challenge the 26th Constitutional Change Act, 2024.
There were 36 petitions performed by the High Court Bar Associations, Pakistan Tehreek-E-Insaf (PTI), civil society actors and former judges-where the contested legislative process, constitutional validity and influence on the independence of the court arising from the amendment.
The petries have called on the court to reduce the entire amendment due to procedural imprecession and argued that it may not have secured the two -thirds parliamentary majority required by Article 239 of the 1973 Constitution for a constitutional amendment.
Alternatively, they seek to invalid specific clauses, especially those relating to the appointment of Chief Justice of Pakistan (CJP), performance evaluations of judges from the Legal Commission in Pakistan (JCP) and the constitutional bench structure introduced through the amendment. PLEAS also requires restoring the original Article 175a (3) that provided for the seniority -based appointment of CJP.
The petries also claim that laws that have been passed afterwards – such as the Supreme Court (practice and procedure), 2024 – are invalid as they flow from what they describe as a constitutional foundation.
Several petitioners have also requested that the case be heard by the full Supreme Court rather than CB formed during the disputed change, citing the seriousness of the constitutional issues at stake.
