Former prime minister Shahid Khaqan Abbasi on Monday filed a petition in the Sindh High Court (SHC) challenging the 26th Constitutional Amendment, calling for it to be declared unconstitutional.
In his petition, Abbasi urged the court to suspend the functioning of the judicial commission formed under the amendment until a final decision is reached. He also requested the court to halt new judicial appointments in the high courts until the petition is resolved.
The petition names the federation, the Sindh government, the Chairman of the Senate, the Speaker of the National Assembly, the Election Commission of Pakistan, and other relevant entities as respondents.
The 26th Amendment, passed by Parliament on the night of October 20-21, sets a three-year term for the Chief Justice of Pakistan. The amendment also introduces a new selection process where a 12-member parliamentary committee, consisting of eight National Assembly members and four Senate members, nominates a candidate for Chief Justice. The Prime Minister forwards this nomination to the President for approval.
Additionally, the amendment outlines the composition of a judicial commission responsible for Supreme Court judge appointments. This commission includes the Chief Justice, three senior judges, two members each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a representative from the Pakistan Bar Council with at least 15 years of Supreme Court practice.
The legal challenge by Abbasi has added to the debate over judicial reforms and the separation of powers in Pakistan’s legal and political system.