26th Amendment challenged in SC
Petitioner Muhammad Anas made the Federation of Pakistan as the respondent
ISLAMABAD: A petition challenging the 26th Amendment was filed with the Supreme Court on Tuesday, praying that it be declared against the fundamental rights as well as independence of the judiciary.
Petitioner Muhammad Anas made the Federation of Pakistan as the respondent. The petitioner submitted that although parliament was competent to make legislation and amendments to the Constitution by two-thirds majority but cannot trespass into the powers of judiciary.
He further submitted that the amendment was also against the basic structure of the Constitution as well the theory of separation of powers among the institutions.
The petitioner contended that the amendment had also changed the process for the appointment of chief justice of Pakistan and after this amendment, the government had taken over the control of the process.
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