26th Constitutional Amendment challenged in Supreme Court and SHC
The 26th Constitutional Amendment, passed after two months of political debates and compromises,the first legal challenge against the amendment landed in the apex court.
Muhammad Anas filed the plea through his counsel Adnan Khan in the Supreme Court. The federal government has been made respondent in the plea.
The petitioner said parliament had the right of making legislation, adding that an amendment could be passed after a two-thirds majority of the house voted in its favour.
it has been argued that parliament has no right to give it suggestions on the matters of judiciary, deeming 26th Constitutional Amendment against the basic structure of the constitution and separation of powers among institutions.
It has been pleaded in the application that the 26th Constitutional Amendment be nullified as being against the freedom of judiciary and basic rights.
Similarly, in the SHC, Advocate Elahi Bakhsh has filed a petition challenging the 26th Amendment, with the federal government, law ministry, and others named as respondents.
The 26th amendment was incorporated in the 1973 Constitution of Pakistan on Oct 21 after President Asif Ali Zardari signed the bill.
The National Assembly and the Senate passed the amendment on Sunday night after days of wrangling between the treasury and opposition.
After the amendment was approved by both houses of parliament, the prime minister signed the advice to be sent to the president of Pakistan for ratification.
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