SC receives new petition against proposed constitutional amendments

ISLAMABAD, Sep 19: Another petition has been filed in the Supreme Court of Pakistan against the proposed constitutional amendments.
The petition was submitted by Punjab Assembly Opposition Leader Malik Ahmed Khan Bhachar and Pakistan Tehreek-e-Insaf (PTI) Lahore President Sheikh Imtiaz Mahmood. The legal challenge is also backed by PTI lawyer Azhar Siddique and civil society president Abdullah Malik.
In their plea, the petitioners named the Federal Ministry of Law, all four provincial governments, the National Assembly Speaker, Senate, principal secretaries, the Prime Minister, and the President as respondents.
The petition argues that under the Objectives Resolution, judicial independence is a core component of Pakistan’s constitution. It calls for the Supreme Court to halt the enforcement of these amendments if passed by both houses of parliament.
Citing Articles 238 and 239, the petition states that the proposed amendments would undermine judicial independence, asserting that Parliament lacks the authority to alter fundamental constitutional principles. The petition further emphasizes that Parliament cannot weaken a key pillar of the state, stressing that judicial appointments must remain free from political influence.
The petition also challenges the inclusion of parliamentary members in the Judicial Commission, claiming it violates the separation of powers. It highlights concerns over extending the retirement age of judges, deeming it unconstitutional.
The plea warns that running the Federal Constitutional Court and the Supreme Court in parallel would cripple the justice system. The petitioners also allege that the amendments were drafted secretly, under the cover of darkness, signaling bad intentions.
The petition requests the court to declare the proposed amendments unconstitutional and prevent the federal government from introducing them in parliament.
Previously, the Khyber Pakhtunkhwa cabinet had also approved the filing of a constitutional petition against the federal government’s proposed amendment. The cabinet stated that with the absence of PTI members in Parliament, both the National Assembly and Senate are incomplete, and no constitutional amendment can be validly passed.