Civil society, activists move Supreme Court against 26th amendment
Listen to article
A group of 38 human rights activists and civil society members from across Pakistan has filed a petition challenging the 26th Amendment, calling it unconstitutional and a threat to judicial independence.
The petition, filed in the Supreme Court, argues that the amendment grants excessive control to the executive and legislature over judicial appointments and fundamental rights cases.
The petitioners contend that it undermines the separation of powers and weakens legal protections against human rights abuses.
Unlike previous legal challenges, this petition is led by civil society representatives, including trade unionists, student leaders, and advocates for press freedom and gender equality.
They claim the amendment limits legal recourse for marginalised groups, curbs freedoms of expression and assembly, and allows unchecked state power.
The petition warns that the amendment could be used to suppress dissent, restrict workers' rights, and interfere in interprovincial resource disputes. It urges the court to strike down the amendment, citing the need to uphold democratic principles and judicial independence.
The Supreme Court is expected to review all challenges to the amendment, with legal experts closely watching its response.
The 26th Amendment to Pakistan's Constitution, enacted in October 2024, introduced significant changes to the judiciary's structure and appointment processes. Notably, it altered the selection method for the Chief Justice of Pakistan, shifting this responsibility from a seniority-based system to a nomination by a Special Parliamentary Committee from among the three most senior Supreme Court judges, with a fixed term of three years.
Supporters of the amendment, including the ruling coalition led by Prime Minister Shehbaz Sharif, argue that these changes are necessary to curb judicial overreach and restore balance among the branches of government. They assert that past judicial decisions have undermined democratic processes, and this amendment seeks to reinforce parliamentary sovereignty.
However, the amendment has faced significant criticism from judicial circles and opposition parties. Critics contend that it undermines judicial independence by granting the legislature excessive influence over judicial appointments. The International Commission of Jurists described the amendment as a "blow to judicial independence," expressing concern that it politicizes the judiciary and threatens the separation of powers.
Opposition parties, particularly the Pakistan Tehreek-e-Insaf (PTI), have labeled the amendment as an effort to weaken the judiciary. They argue that it allows the executive to exert undue influence over the judiciary, compromising its ability to act as a check on governmental power. The PTI criticized the amendment's passage, calling it a "black day" in Pakistan's constitutional history.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Business Recorder
2 hours ago
- Business Recorder
PM Shehbaz condemns US strikes on Iran, expresses solidarity in call with Iranian President
Prime Minister Shehbaz Sharif on Saturday strongly condemned the recent U.S. strikes in Iran during a telephone call with the newly elected Iranian President Masoud Pezeshkian, warning that the attacks posed a serious violation of international law and risked further escalation in the region. According to a statement issued by the Prime Minister's Office, the premier expressed deep concerns that the U.S. strikes had hit facilities protected under the safeguards of the International Atomic Energy Agency (IAEA), calling the move a breach of both international law and the IAEA Statute. 'These attacks followed Israel's unprovoked and unjustified aggression over the past eight days,' the Prime Minister said, while reaffirming Pakistan's unwavering solidarity with the brotherly people and Government of Iran. He also extended condolences over the loss of lives and prayed for the swift recovery of the injured. While recognizing Iran's right to self-defence under Article 51 of the UN Charter, the Prime Minister stressed the urgent need for a return to dialogue and diplomacy, terming it the only viable path forward. He also reiterated Pakistan's readiness to play a constructive role in efforts aimed at de-escalation. President Pezeshkian appreciated Pakistan's consistent support and thanked the Prime Minister, the government, the people, and the military leadership for standing in solidarity with Iran. The two leaders agreed on the need for unity within the Muslim Ummah at this critical juncture and resolved to stay in close contact in the coming days.
Business Recorder
7 hours ago
- Business Recorder
Iran executes man convicted of being spy for Israel: judiciary
TEHRAN: Iranian authorities executed on Sunday a man convicted of being an agent for Israel's Mossad spy service, the judiciary said, as fighting raged between the two foes for a tenth day. 'Majid Mosayebi… was hanged this morning after going through the full process of criminal procedure and after his sentence was confirmed by the Supreme Court,' the judiciary's Mizan Online website said, adding that he sought to provide 'sensitive information … to Mossad.' 16 hurt, building hit in Israel after Iran missiles: rescue services, TV Iranian authorities have carried out multiple arrests of people suspected of spying for Israel since its attack on June 13.
Express Tribune
11 hours ago
- Express Tribune
Govt scrambles for oil backup plans
Listen to article Amid escalating tensions between Iran and Israel, the Oil and Gas Regulatory Authority (Ogra) has warned oil marketing companies (OMCs) to maintain a minimum of 20 days of oil stock in accordance with licensing requirements. The prime minister has already constituted a high-level committee to explore alternative options in the wake of the Iran-Israel conflict to pre-empt any potential oil shortages in the country. Oil Marketing Companies are obligated to maintain 20-day oil reserves under their licensing terms. Ogra has previously issued directives to this effect and has now reiterated its warning, stating that companies failing to comply will face penalties and fines. In a statement, the Ogra spokesperson said, "The Oil and Gas Regulatory Authority (OGRA) has confirmed that the country currently holds sufficient stocks of petroleum products to meet existing demand". However, in light of future needs and the volatile market environment, Ogra has formally advised all OMCs to adhere strictly to the mandatory 20-day stock levels, as stipulated in their respective licences. "OGRA remains committed to monitoring the situation closely and will continue to take proactive steps to ensure national energy security," the spokesperson added. In response to the evolving geopolitical situation following Israel's recent attack on Iran and the resulting fluctuations in global oil markets, Prime Minister Shehbaz Sharif constituted a high-level committee to oversee petroleum pricing and supply dynamics. The committee is headed by the finance minister and includes senior representatives from key federal ministries, regulatory bodies and energy sector experts. It has already held its first meeting and is scheduled to reconvene early next week to assess possible supply routes and contingency measures. During its initial meeting, the committee explored alternative oil supply routes from Saudi Arabia and the United Arab Emirates (UAE), including pipeline transport, in case the Strait of Hormuz – a critical global oil supply route – is blocked due to escalating hostilities. The committee was informed that Saudi Arabia possesses an existing pipeline network, including the East-West Pipeline (Petroline), which transports crude from its eastern province to the Red Sea port of Yanbu. Similarly, the UAE's Abu Dhabi Crude Oil Pipeline (Adcop) to Fujairah is designed to bypass the Strait of Hormuz, ensuring uninterrupted exports. The Petroleum Division, in a submitted report, stated that the Strait of Hormuz handles 20% of global crude oil exports. Any closure of this route by Iran could severely impact global supply chains, including Pakistan's. Under a worst-case scenario, global oil prices could surge to $100$150 per barrel. While there is currently no immediate threat of a spike in prices, Pakistan is in discussions with international oil suppliers to ensure continuity of supply. At present, the country has access to up to one million tons of furnace oil storage capacity through abandoned power plants. Experts have recommended that the government utilise these facilities to store strategic oil reserves. It has also been proposed that the government purchase these storages, as the power sector plans to dispose of them as scrap.
