- PTI wants all measures taken after the modification is canceled.
- This is the 16 petition which was deposited against the 26th amendment.
- Constitution of the modification of the Parliament last year in October.
Islamabad: Pakistan Tehreek-e-insaf (PTI) challenged the 26th amendment on Saturday, saying that it was ultra vires for the Constitution, which makes it the 16th petition registered against the controversial tweak.
The Parliament had approved last year in October the changes in the Constitution, which included the empowerment of the Legislative Assembly to choose the chief judge, set the mandate of the first post and train constitutional benches.
The constitutional changes were approved during an extraordinary parliament session which was reunited on Sunday, a public holiday, and ran overnight, ending near dawn.
After this decision, the PTI – which did not vote during the session during which the amendment was adopted – and other opposition parties declared that it was an attempt to reversal of the judiciary.
However, just a day earlier, the president of the Pakistan Peoples Party (PPP), Bilawal Bhutto-Zardari-whose party is an ally of the Pakistani-Nawaz Muslim League (PML-N)-stressed that the 26th amendment constitutional can only be repealed by parliament, saying that if an institution tries to cancel it, such a decision will not be accepted by anyone.
In his petition, the PTI asked the first court to declare that the amendment violates the protruding characteristics of the Constitution, including the independence of the judiciary, the rule of law, federalism, the separation of powers, the parliamentary democracy and fundamental rights.
The party also asked the court to declare unconstitutional the way in which the Constitution was modified because it contravenes articles 63A, 238 and 239 of the Constitution.
Provide reasons why it violates the articles, the petition mentioned that it was due to the absence of a fully constituted parliament, “coercion, harassment and undue influence of the deputies, illegal inclusion of defect votes of the deputies”.
“Declare that sections 7, 9, 10, 12, 14, 17, 21 and 27 (…) as well as the modifications introduced thus, are ultra vires the constitution and in direct conflict with its salient characteristics and are therefore no initio , and without legal effect. “
The party also wants actions, appointments or decisions taken by a person or an organization after the adoption of the amendment and its consecutive legislation to declare illegal.
“Declare that the law of the Supreme Court (practice and procedure) (modification) of 2024 and the Supreme Court (number of judges) (modification) of 2024 are unconstitutional.”
Retaining the Pakistan Judicial Commission, as reconstituted under the concession amendment, undertaking any action, making appointments or by exercising authority, he said.
“Declare the appointment of constitutional benches and additional judges that the Pakistan Judicial Commission (…) is unconstitutional, without legal authority.”