ISLAMABAD: The 26th constitutional amendment has been challenged in the Supreme Court, in which the petitioner has requested to declare the constitutional amendment null and void.
The petitioner named Muhammad Anas has challenged the 26th constitutional amendment in the Supreme Court through the mediation of lawyer Adnan Khan, in which the federal government has been made a party to the petition requesting the Supreme Court to declare the 26th constitutional amendment null and void.
It is argued in the petition that Parliament has the power to legislate. Parliament can amend the constitution by a two-thirds majority. Parliament has no authority to make suggestions on judicial matters. 26 Constitutional Amendments are against the basic structure of the Constitution and the division of powers between institutions.
According to the petition filed in the Supreme Court, the procedure for appointing the Chief Justice has been changed through the constitutional amendment. After the amendment, the appointment of the Chief Justice has been delayed by the government. Similarly, the mandate of the Judicial Commission for appointing judges has also been changed. It is requested from the court that the 26th constitutional amendment should be declared null and void as contrary to fundamental rights and independence of the judiciary.