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Imran Khan News: PTI has challenged the 26th constitutional amendment in the Supreme Court. Imran Khan/Twitter/
The party is of the view that judicial independence cannot be compromised through the amendments.
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The Pakistan Tehreek-e-Insaf (PTI) has filed a petition in the Supreme Court challenging the 26th Constitutional Amendment, seeking its annulment and the suspension of the Judicial Commission’s role in judicial appointments pending a final decision.
Express News reported that PTI’s petition argued that the amendment violates the principles of independence of judiciary and separation of powers enshrined in the Constitution.Imran Khan’s Constitution.
The plea has taken the stand that Parliament cannot change the basic structure of the Constitution.
The party also called for the nullification of all measures taken under the amendment, asserting that any change that undermines judicial independence is unconstitutional.
The PTI said that the independence of the judiciary is a fundamental component of the Constitution and cannot be compromised through amendments.
Yesterday, Pakistan People’s Party (PPP) Chairman Bilawal Bhutto Zardari asserted that only Parliament has the power to repeal the 26th Constitutional Amendment. If so, it will not be recognized.
Bilawal also emphasized matters related to the judiciary, stressing that when a new judge is appointed in the Supreme Court, instead of creating difficulties for other judges, he should do his own thing. Transition should be facilitated.
He further said that whether it is a Supreme Court bench or a constitution bench, everyone should respect the constitution and the law.
Bilawal’s remarks come amid growing debate around the 26th Constitutional Amendment, particularly its rollback.
He made it clear that any rollback of the amendment should be done only by Parliament, warning that neither the People’s Party nor any other body would accept an attempt to undo the changes.
The 26th Amendment has sparked a major debate, with a Constitution Bench of the Supreme Court set to hear petitions against it on January 27.Imran Khan
The amendment passed in October 2024 introduced significant changes to the judicial appointment process, particularly in Article 175-A. These changes were significant, especially as the amendment changed the procedure for selecting the Chief Justice of Pakistan.
On January 16, a bench hearing amendment cases and the powers of a regular bench collapsed, highlighting the ongoing tension surrounding the issue.
The 26th Amendment had previously led to the establishment of a parliamentary committee to elect the Chief Justice, a break from Pakistan’s long-standing tradition of selecting the most senior judge for the role.
Bilawal also reflected on the recent history of judicial appointments, including the controversial selection of Justice Yahya Afridi as the next Chief Justice in October 2024, which led to changes in judicial procedures through amendments.
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