JI moves SC against 26th Amendment

ISLAMABAD: After various bar associations of the country, the Jamaat-e-Islami (JI) also challenged in the Supreme Court the 26th constitutional amendment with the prayer to declare it against basic human rights, basic structure of the Constitution as well as repugnant to the principle of independence of judiciary and set it aside.

JI Ameer Hafiz Naeemur Rehman filed a petition in the Supreme Court on Monday under Article 184(3) of the Constitution, making the federation through the Ministry of Law and Justice, and chief secretaries of the four provinces as respondents.

The JI prayed to the apex court to declare that under the Constitution, the appointment of chief justice of Pakistan is only possible on the principle of seniority and an appointment through the parliamentary commission was illegal and against the Constitution and against the independence of the judiciary. Under the principle of theory of separation of powers, this amendment is liable to be set aside, added the petition.

The JI further prayed to the apex court to declare that sections 7, 12, 13, 14, 17, 21 22, and 27 of 26th constitutional amendment were against the objective resolution, independence of judiciary and repugnant to basic structure of the Constitution.

The JI ameer further prayed to the apex court to declare that changing the formation of the judicial commission under the amendment as well as the procedure of constitution of constitutional benches was against the basic structure of the Constitution, hence it be set aside.

The JI questioned as to whether the appointment of chief justice of Pakistan through a parliamentary committee was not against the basic structure of the Constitution and repugnant to Article 175 (3) of the Constitution. “Whether it is not necessary to set aside the 26th constitutional amendment for being controversial as it had changed the basic structure of the constitution,” the JI questioned.

The petitioner submitted that the 26th constitutional amendment snatched the suo moto jurisdiction powers of the country’s highest court, while establishing a court within a court, creating division in the court.

The JI submitted that the Supreme Court had already held in district bar association Rawalpindi’s case the Supreme Court of Pakistan under Article 184(3) of the Constitution is mandated to review the constitutional amendment, adding that as the instant matter was related to the 26th constitutional amendment 2024, the SC has the jurisdiction to review it.

The JI Ameer contended that the Supreme Court has already settled that even the parliament has no jurisdiction to change the basic structure of the Constitution, adding that “our superior judiciary, in many cases, has already accepted the independence of judiciary as well as access of citizens to courts as their fundamental right”.

Various petitions have already been filed in the Supreme Court, challenging the 26th constitutional amendment.