SC told to rely on 26th Amendment pending any fresh changes

An eight-member Supreme Court bench led by Justice Amin-ud-Din resumed hearings on petitions challenging the 26th Constitutional Amendment, with proceedings live-streamed on the court’s official channel. Justice Amin-ud-Din observed that the existing amendment must be relied upon unless and until Parliament introduces fresh constitutional changes.

Senior lawyer Hamid Khan, representing the Lahore High Court Bar Association, argued that the amendment—passed in October 2024—reduced judges to a minority in the Judicial Commission of Pakistan and affected judicial independence. He asked the bench to recommend formation of a full court to hear the challenges, noting that members of the current bench were on the court when the amendment was enacted.

Members of the bench questioned the contours of the request. Justice Musarrat Hilali noted that, regardless of legality, the court had not suspended the amendment. Justice Muhammad Ali Mazhar asked whether the present bench could decide a plea for a full court; counsel responded that the matter fell to the existing bench. Justice Ayesha Malik remarked there was no bar on constituting a full court through judicial order and asked where the amendment prohibited such a step.

The petitions against the amendment were filed by political parties and bar bodies, including PTI, JI, the Sunni Ittehad Council and former SCBA presidents. The amendment’s provisions include legislative selection of the chief justice, a fixed tenure for the office and mechanisms for forming constitutional benches.

After hearing arguments, the court adjourned proceedings to Thursday at 11:30am for further hearing.