PTI Challenges 26th Constitutional Amendment in Supreme Court: A Turning Point for Judicial Independence

PTI Challenges 26th Constitutional Amendment in Supreme Court: A Turning Point for Judicial Independence

In a bold legal move, Pakistan Tehreek-e-Insaf (PTI) has taken a decisive stand against the 26th Constitutional Amendment, filing a petition in the Supreme Court to annul it. This amendment has sparked widespread debate, particularly concerning its impact on judicial independence and the constitution’s separation of powers.

The crux of PTI’s argument lies in the assertion that Parliament cannot alter the fundamental structure of the constitution. The petition demands that all actions carried out under this amendment be declared void, emphasizing the need to safeguard the judiciary’s autonomy—a cornerstone of Pakistan’s constitutional framework.

This constitutional contention has also garnered attention from Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari. In a strong statement, he reiterated that Parliament alone holds the authority to reverse the amendment. Bilawal warned against attempts by any other institution to roll back the changes, stressing that such efforts would face staunch resistance.

The 26th Amendment, passed in October 2024, introduced significant changes to the judicial appointment process, particularly in Article 175-A. It established a parliamentary committee to select the Chief Justice, deviating from the tradition of appointing the senior-most judge. This shift has been met with mixed reactions, with proponents highlighting parliamentary oversight while critics, like PTI, raise alarms over potential threats to judicial independence.

A constitutional bench is set to hear the petitions challenging the amendment on January 27, marking a critical moment in Pakistan’s legal and political landscape.

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