SC Debates Chief Justice’s Authority Under 26th Amendment

The Supreme Court’s Constitutional Bench, led by Justice Amin-ud-Din Khan, is hearing petitions against the 26th Constitutional Amendment passed in October 2024. The amendment changes how the Chief Justice of Pakistan (CJP) is appointed, fixes the tenure of the post, and alters the formation of constitutional benches.

During Tuesday’s hearing, a key debate focused on whether the Chief Justice has the power to form a full court of all judges in the constitutional bench. Justice Amin-ud-Din questioned this authority.

Senior lawyer Abid Zuberi argued that the CJP does hold this authority and can direct the formation of a full court. However, Justice Ayesha Malik said that only a committee—not the Chief Justice alone—has the power to form benches, and the committee’s powers are different from the CJP’s.

Justice Jamal Mandokhail noted that while some want Article 191-A ignored, it cannot be set aside. He added that Supreme Court Rules govern bench formation, and nowhere do they say the Chief Justice alone forms benches.

The hearing included many petitioners, such as political parties PTI, Jamaat-e-Islami, Sunni Ittehad Council, bar associations, and former Supreme Court Bar Association presidents. They challenge the amendment’s validity.

The court adjourned and will continue the hearing on Wednesday.