Pakistan's former lawmakers challenge 26th Amendment in top court

Several prominent former lawmakers in Pakistan, as well as the ex-president of the Sindh High Court Bar Association, Salauddin Ahmed, have filed two separate but similar petitions on Friday, challenging the 26th Amendment in the Supreme Court, alleging "coerced voting."

The former parliamentarians include former National Assembly Speaker Fahmida Mirza, National Democratic Movement (NDM) Chairman Mohsin Dawar, and former Senator Mustafa Nawaz Khokhar.

The petitioners express concerns about possible coercion in the voting process and request that the country's top court ensure the amendment aligns with constitutional principles.

In his petition, Salauddin Ahmed has requested a judicial review, urging the court to examine the amendment’s passage and its implications for judicial independence.

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

Enacted on October 21, after weeks of political negotiations, the amendment introduces several significant changes to how the Supreme Court operates and interacts 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.

Both petitions challenge the manner in which the "constitutional package" was introduced and the 26th Amendment enacted, requesting an investigation into the alleged pressure exerted on parliamentarians to secure votes.

They further state that the act undermines the constitutional trichotomy of power among the legislature, executive, and judiciary.

Ahmed’s petition also calls for the annulment of the Supreme Court (Practice and Procedure) (Amendment) Act 2024 and the Supreme Court (Number of Judges) (Amendment) Act 2024, asserting that these legislative measures misuse parliamentary authority and undermine judicial independence.

It states that “the manner in which the Act was passed was constitutionally defective.”

These acts were part of a package of six bills passed by both the National Assembly and the Senate on Monday, which included a proposal to increase the number of Supreme Court judges and another to extend the terms of the armed services chiefs.