Islamabad: The Supreme Court’s Constitutional Bench (CB) on Tuesday discussed whether the Chief Justice of Pakistan (CJP) has the authority to form a full court. The question arose during hearings on petitions challenging the 26th Constitutional Amendment. Parliament passed this amendment in October 2024.
The bench was led by Justice Amin-ud-Din Khan and included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan.
More than three dozen petitions were submitted by major political parties and legal organisations. These included Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami (JI), Sunni Ittehad Council (SIC), and several bar associations from Lahore and Karachi. Seven former presidents of the Supreme Court Bar Association (SCBA) and multiple individuals also joined the challenge.
During the hearing, Justice Amin-ud-Din Khan asked whether the Chief Justice could form a full court composed of all judges of the constitutional bench.
Senior lawyer Abid Zuberi argued that the CJP retains this authority. He noted that the chief justice can still issue directions for forming a full court. However, Justice Ayesha Malik disagreed. She emphasised that it is the committee, not the CJP, that has the constitutional power to form benches.
“The committee’s powers cannot be equated with those of the chief justice,” she remarked.
Justice Jamal Khan Mandokhail referenced Article 191-A, questioning how it could be set aside. Both Justices Malik and Mandokhail pointed out that the Supreme Court Rules already outline how benches should be formed.
Read: Constitutional Matters to Be Heard Only by CB, Says Justice Mazhar
Zuberi cited Order 11 of the Supreme Court Rules, which assigns the task of bench formation to the committee. Justice Mandokhail, however, observed that the rules do not clearly authorise the Chief Justice to form benches independently. The court later adjourned the hearing until Wednesday for further discussion.
