Islamabad: The Pakistan Tehreek-E-insf (PTI) on Saturday petitioned the Supreme Court against the 26th Amendment, alleging that it violates the Constitution and adding to the growing list of petitions against the controversial amendment. Parliament approved changes to the Constitution last October, which included empowering the legislature to elect the chief justice, fix the term and create constitutional benches. The constitutional changes were approved at an extraordinary session of the parliament, which was set up for Sunday, a holiday, and lasted all night, ending almost at dawn. Following the move, the PTI – which did not vote in the meeting where the amendment was approved – and other opposition parties said it was an attempt to subjugate the judiciary. However, just a day earlier, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari-Jehoho is an ally of Pakistan Muslim League-Nawaz (PML-N)-the 26. It is said that if the institution tries to cancel it, no one will take such a step . In her petition, 16 filed against the amendment, she asked the Supreme Court to declare that the amendment violates the essential features of the Constitution, including the independence of the judiciary, the rule of law, federalism, the department of power, parliamentary democracy, the constitution, the constitution, state administration and self-government. parliamentary democracy, parliamentary democracy and fundamental rights. The party also asked the court to declare the method of improving the constitution unconstitutional as it contravenes Articles 63a, 238 and 239 of the Constitution. Giving his reasons for violating the articles, he said it was due to the absence of a fully constituted parliament, “coercion, bullying and undue influence of MPs, illegal inclusion of votes on defective MPs”. “Declare that sections 7, 9, 10, 12, 14, 17, 21 and 27 […] together with the amendments introduced are ultra vires institutions and are in direct conflict with its salient features and therefore void AB Initio and without legal effect. ” The party also wants any action, appointment or decision made by any person or body after receiving the amendment and its subsequent legislation declared illegal. “Declare that the Supreme Court (Practice and Procedure) (Amendment) Act, 2024 and the Supreme Court (Number of Judges) (Amendment) Act, 2024 are unconstitutional.” To reduce the Court Commission of Pakistan as reconstructed under the change in convening, carrying out any action, conducting meetings or exercising any power, he said. “Report appointments of Constitutional Benches and other judges made by the Pakistan Commission […] without statutory powers.”
