Supreme Court Justice Muhammad Ali Mazhar declared that only the constitutional bench (CB) can adjudicate cases related to the 26th Constitutional Amendment, passed in October 2024.
The ruling came during a hearing by an eight-judge CB, led by Justice Amin-ud-Din Khan, addressing petitions from Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami, Sunni Ittehad Council, and bar associations. The live-streamed session, broadcast on the Supreme Court’s YouTube channel, was adjourned to October 14.
Justice Mazhar emphasised, “Article 191-A does not mention ‘full court.’ Constitutional matters are exclusively for the constitutional bench.” He clarified that the Chief Justice of Pakistan (CJP) lacks the authority to refer such cases to a full court under the amendment. Addressing Advocate Abid Zuberi, representing former Supreme Court Bar Association presidents, Mazhar noted, “Judges you want in a full court are not part of the CB.”
Read: Pakistan Supreme Court Resumes Hearing on 26th Amendment Challenges
Justice Jamal Khan Mandokhail added, “A full court cannot mean specific judges.” Zuberi agreed to accept all Supreme Court judges on the CB if designated by the Judicial Commission of Pakistan (JCP). Calls to exclude post-amendment judges were rejected, with Mazhar defending their legitimacy.
The 26th Amendment’s Provisions
The amendment, effective since October 2024, includes:
- A fixed three-year CJP tenure.
- Establishment of constitutional benches in the Supreme Court and high courts, presided by the senior-most judge.
- A parliamentary committee nominates the CJP from the three most senior judges, with the Prime Minister forwarding the choice to the President.
- The JCP, led by the CJP, oversees judge appointments and monitors performance, reporting issues to the Supreme Judicial Council.
- A goal to eliminate Riba (interest) by January 1, 2028.
Justice Mazhar’s ruling solidifies the constitutional bench’s authority, potentially streamlining judicial processes but limiting full court involvement. The ongoing hearings could reshape Pakistan’s legal framework amid political tensions.
