ISLAMABAD (PEN) : Two days after the passage of much-hyped 26th Constitutional Amendment which entailed a two month-long political wrangling, maneuvering and ultimately compromises, the first legal challenge against the embryonic amendment on Tuesday landed in the apex court.
The applicant Muhammad Anas filed the plea through his counsel Adnan Khan in the Supreme Court. The federal government has been made respondent in the plea.
It has been said in the application that the parliament has the right of making legislation, adding that an amendment can be passed after a two-third majority of the house votes in its favour.
Moreover, it has been argued that the parliament has no right to give it suggestions on the matters of judiciary, deeming 26th Constitutional Amendment against the basic structure of the constitution and separation of powers among institutions.
In addition, it said that the amendment had altogether altered the method of appointment of the top judge and the formation of the judicial commission, pointing out that the government would now appoint the judges instead of an otherwise set pattern of elevation to the slot of top judge on the basis of seniority.
It has been pleaded in the application that the 26th Constitutional Amendment be nullified as being against the freedom of judiciary and basic rights.
PRESIDENT SIGNS TRUMPETED 26TH CONSTITUTIONAL AMENDMENT A DAY AFTER PARLIAMENTARY NOD
The 26th amendment was incorporated in the 1973 Constitution of Pakistan on Oct 21 (Monday) after President Asif Ali Zardari signed the bill.
The National Assembly and the Senate passed the amendment on Sunday night after days of wrangling between the treasury and opposition.
After the amendment was approved by both houses of parliament, the prime minister signed the advice to be sent to the president of Pakistan for ratification.