Sindh High Court issues notices in petitions against 26th Constitutional Amendment

Karachi [Pakistan], November 1 : The Sindh High Court (SHC) issued notices to the Cabinet Division and the Ministry of Law and Justice on Thursday regarding two constitutional petitions challenging the validity of the 26th Constitutional Amendment.
The petitions, filed by three lawyers, seek to declare the amendment ultra vires to the Constitution, raising significant concerns about the independence of the judiciary in Pakistan, Dawn reported.
The two-judge bench, comprising Chief Justice Mohammad Shafi Siddiqui and Justice Jawad Akbar Sarwana, has also notified the attorney general and the advocate general of Sindh, scheduling a date for further proceedings in approximately two weeks. The petitions have cited various federal and provincial authorities as respondents.
During the hearing, the bench acknowledged that the petitions were intended to challenge the 26th Constitutional Amendment, which has reinstated certain articles. "We are cognisant of the fact that in terms of the amendment such questions are to be brought before the constitutional benches," the bench stated.
It added that the application of Article 202A, which facilitates the establishment of constitutional benches for provinces, could only proceed once the relevant provincial resolutions are passed, reported Dawn.
In the absence of such resolutions, the bench confirmed that the SHC was exercising its jurisdiction according to the roster assigned to different benches. The petitions claim that the amendment has compromised the structure of justice, particularly concerning the articles related to judicial dispensation.
Representing the petitioners, advocates Ali Tahir and Ebrahim Saifuddin argued that the amendment allows parties such as the federation or province to "pick and choose benches for their own cause and for their own litigation." This approach, they contend, undermines the universal principle that justice should not only be done but should also be seen to be done.
The advocates further asserted that the amendment demonstrates how parliamentarians have overstepped their bounds by exerting influence over the judiciary, particularly through the formation of the Judicial Commission of Pakistan, Dawn reported.
They expressed concern that the executive's introduction of the amendment has effectively "stamped down the court" and permitted litigants to evaluate judges' performance, potentially coercing future benches and compromising judicial independence.
The bench recognised the importance of the issues raised, stating, "Points raised require consideration. Since some of the articles through a recent amendment via the 26th Amendment of the Constitution have been challenged, therefore, it requires a notice to the attorney general for Pakistan as well in terms of Order XXVII-A CPC."
In addition to the federal ministries, the petitions also name the chief secretary of Sindh and the secretary of the Sindh Assembly as respondents, emphasising the widespread implications of the 26th Constitutional Amendment on the rule of law and fundamental rights in Pakistan.