The Sindh High Court (SHC) has accepted a petition challenging the 26th Constitutional Amendment, ordering notices to be issued to the Attorney General of Pakistan, Advocate General Sindh, and other concerned parties.
The court has requested responses from all parties within two weeks, with the petitioner arguing that the amendment affects the independence of the judiciary through changes in the Judicial Commission.
During the proceedings, the Chief Justice questioned the petitioner’s interpretation of Article 239 of the Constitution, noting that this article states constitutional amendments cannot be contested in court.
The petitioner’s lawyer countered, citing a Supreme Court ruling that constitutional amendments should not alter the basic structure of the Constitution.
The court highlighted the judiciary’s role and its limits, acknowledging that unlike the Supreme Court, the High Court does not have jurisdiction over certain constitutional amendments.
The CJ remarked that the appointment of the Provincial Chief Justice has traditionally followed a specific seniority-based formula, questioning why objections were raised about forming commissions for judicial appointments while emphasizing that all judges, regardless of seniority, are equal in delivering judgments.
