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13-October،2024
Proposed constitutional amendment bill challenged in SC
ISLAMABAD: Amidst escalating political turmoil, the Supreme Court has been moved to intervene against the government’s proposed constitutional amendment bill, aimed at altering Pakistan’s judicial and parliamentary systems.
A constitutional petition filed under Article 184(3) urges the apex court to declare the proposed amendments “ultra vires” the Constitution, citing violations of the principle of separation of powers, judicial independence, and fundamental rights.
The petitioners seek protection for the judiciary’s autonomy and fundamental rights, stating:
“[It is prayed that] the separation of powers and independence of the judiciary… be declared sacrosanct under the Constitution and beyond the power and competence of Parliament to withdraw, interfere or tamper with.”
The petitioners request the court to restrain the federal government from tabling the bill; suspend the operation of proposed amendments; prevent presidential assent, even if the bill passes both houses of parliament.
The petition has been submitted by former president of the Supreme Court Bar Association (SCBA) Abid Zuberi, former federal minister for education Shafqat Mahmood, Shahab Sarki, Ishtiaq Ahmed Khan, Munir Kakar and others.
Centre, all four provinces, the National Assembly, the Senate and others have been nominated as respondents in the petition.