A senior lawyer has filed a petition in the Supreme Court of Pakistan challenging the proposed 27th Constitutional Amendment. The legal plea contests provisions that would alter the powers of the country’s higher courts.
Barrister Ali Tahir filed the petition under Article 184(3) of the Constitution. The central argument is that the amendment threatens the core judicial review powers of the Supreme Court and High Courts.
The petition asserts that judicial review is a fundamental pillar of the Constitution. It argues that these powers, granted under Articles 184(3) and 199, cannot be abolished, suspended, or replaced by a parallel judicial system.
It warns that if passed, the amendment would prevent the Supreme Court and High Courts from hearing constitutional matters. The petition states this would paralyse the judicial system and render the courts ineffective.
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The plea calls on the Supreme Court to safeguard its own jurisdiction and that of the High Courts. It emphasises that protecting judicial authority is a cornerstone of democratic governance worldwide.
The ruling Pakistan Muslim League-Nawaz (PML-N) has finalised an initial draft of the 27th Constitutional Amendment. Prime Minister Shehbaz Sharif has consulted with coalition partners on the proposal, which encompasses a range of constitutional changes.
This legal challenge sets the stage for a significant judicial review of the proposed reforms before they are presented to parliament.