Pakistan's constitutional benches to commence hearings from Nov. 14

According to a press release issued by the Public Relations Officer of the Supreme Court of Pakistan, the newly formed constitutional benches in the Supreme Court are set to commence hearings from November 14.

Justice Aminuddin Khan, recently selected as the head of the constitutional bench, finalized on Tuesday the much anticipated scheduling of constitutional cases during a one-hour meeting with Justice Jamal Mandokhail and Justice Muhammad Ali Mazhar, the press release said.

The press release states that Justice Ayesha Malik will not be available on November 14 and 15, and consequently a bench comprising the remaining constitutional judges will be formed on November 14 to proceed with cases on these dates. Instructions to this effect have been issued to the Supreme Court Registrar.

The judges' committee, headed by Justice Aminuddin Khan, finalized on Tuesday the much anticipated scheduling of constitutional cases during a one-hour meeting following Justice Jamal Mandokhail's return from China.

Justice Muhammad Ali Mazhar participated in the committee meeting remotely. After reviewing previously filed petitions, the committee has decided that cases will be heard according to their chronological order.

The delay in establishing constitutional benches after Pakistan’s hurried judicial amendments has led to mounting confusion and a growing backlog of constitutional cases not being heard. While the recent committee meeting signals progress, the transition period has highlighted the difficulties of implementing such significant judicial reforms.

Legal experts warn that this stagnation could erode public trust, with unresolved cases piling up as the judiciary struggles to adapt to the new structure.

'Unconstitutional bench'?

At a hearing on a tax-related case on Monday in the Supreme Court, Justice Ayesha Malik argued that the case should be sent to the newly formed constitutional bench.

On this, Justice Mansoor Ali Shah, a senior puisne judge and a vocal critic of the latest amendment, pointed out that the bench to hear the said cases has still not been formed.

“There is no constitutional bench at present, so what should be done with this unconstitutional bench?” he said, poking fun at what some have pointed out a parallel system of justice in the country.

Explaining the delay

Later on Monday, Justice Aminuddin, chosen as the head of the constitutional bench, issued a statement detailing his efforts to expedite the transition.

He announced the introduction of color coding for prioritizing cases and cited a meeting held on Nov. 6 to discuss the efficient transfer of cases from the Supreme Court to the new constitutional court.

He attributed the delay to the absence of one of the constitutional bench judges, who was in China, and indicated that proceedings would commence upon his return.

Additionally, a senior research officer has been appointed to scrutinize cases, although the bench has yet to release rosters or finalize its weekly hearing schedule.

Dual leadership

Currently, the judiciary operates under dual leadership: Chief Justice of the Supreme Court Yahya Afridi and Justice Aminuddin Khan, head of the constitutional bench. The Supreme Court registrar, handling duties for both heads, continues to fix cases before regular benches in the absence of a functional constitutional bench. With the constitutional bench set to begin hearings from November 14, the registrar's office will now allocate cases to them too.

As judges debate procedural issues, new cases keep flowing in, and with no constitutional bench in place, these cases are being assigned to regular benches, compounding the existing backlog and intensifying uncertainty in Pakistan’s judicial system.

What is the amendment?

The 26th Constitutional Amendment in Pakistan has sparked discussions about judicial reforms and the balance of powers among the nation’s institutions.

Enacted in late October, after weeks of political negotiations, the amendment introduced several significant changes to how the Supreme Court would operate and interact with other branches of government.

One of the main features of this amendment is the transfer of certain judicial powers, specifically the apex court’s ability to initiate suo motu actions. This adjustment is viewed as a means of enhancing oversight and transparency in matters of public interest, with parliament now given the authority to nominate the Chief Justice of Pakistan from among the three most senior Supreme Court judges.

Supporters argue that this approach promotes broader consensus in selecting top judicial officials and adds a layer of accountability. Critics, on the other hand, argue that the amendments are an 'attack on democracy' and have invited interference in judicial matters.