26th amendment challenged in SC, SHC

Published
0

ISLAMABAD / KARACHI: A couple of petitions challenging the 26th Constitutional Amend­ment landed before the superior courts on Tuesday.

A lawyer from Malakand challenged the amendment before the Supreme Court, asking that it be set aside and declared ultra vires to the Constitution.

The petitioner, Muhammad Anas, contended that he was aggrieved by the recently enacted “retrogressive” instrument, which received presidential assent on Oct 20.

The petition argued that the Constitution does not give parliament the right to encroach upon the basic structure of the Constitution. By way of the amendment, the notion of judicial independence as enshrined in the Constitution has been “done away with”.

Though mala fide could not be attributed to the legislature, the petitioner was compelled to attribute mala fide particularly on part of the federal government, the plea stated.

Moreover, the draft bill was kept secret till the end and no debate whatsoever was allowed to be conducted in the parliament, let alone a national debate, it added.

A similar petition was filed before the Sindh High Court on Tuesday. The petitioner, Illahi Bux, who is a lawyer by profession, requested the SHC to strike down various provisions for being “contrary to the principles of judicial independence and separation of powers”.

Published in Dawn, October 23th, 2024

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...