Islamabad, October 13, 2025: The Pakistan Supreme Court 26th amendment hearing resumed today before an eight-judge constitutional bench, addressing petitions challenging the legislation’s validity on grounds of procedural flaws and threats to judicial independence. Led by Justice Aminuddin Khan, the session focused on whether a full court should hear the case, with arguments from prominent lawyers highlighting deep divisions in the legal community.
The Pakistan Supreme Court 26th amendment hearing matters in South Asia as it tests the balance between parliamentary authority and judicial autonomy in Pakistan, potentially influencing similar debates in neighbouring countries like India and Bangladesh where judicial reforms often spark regional concerns over democratic erosion.
Proceedings in the SC Constitutional Bench 26th Amendment Case
The SC constitutional bench 26th amendment case saw heated exchanges as petitioners urged the formation of a larger bench. Lawyer Hamid Khan, representing the Lahore High Court Bar Association, argued for a 16-member full court, citing the amendment’s passage in October 2024 when 16 judges were available in the Supreme Court. He contended that the current eight-judge panel might lack the breadth needed for such a pivotal constitutional matter.
Justice Jamal Khan Mandokhail remarked during the hearing that all 24 Supreme Court judges had accepted the 26th Amendment, whether willingly or unwillingly. This statement underscored the bench’s internal dynamics and the broader acceptance of the changes within the judiciary. Munir A. Malik, counsel for the Balochistan High Court Bar Association, asserted that the constitutional bench holds the authority to order a full court, emphasising the need for transparency in proceedings.
The Pakistan Supreme Court 26th amendment hearing was live-streamed on the court’s YouTube channel, a decision approved by the bench following petitioners’ requests. This move aimed to enhance public access, though critics argue it does little to address underlying concerns about the amendment’s impact.
Key Arguments and Petitions
Petitioners, including bar associations, the Pakistan Tehreek-e-Insaf party, and former Chief Justice Jawad S. Khawaja, challenged the 26th Amendment on multiple fronts. They alleged procedural impropriety under Article 239 of the Constitution, claiming the required two-thirds majority in parliament was secured through coercion. The opposition Pakistan Tehreek-e-Insaf claimed seven lawmakers were abducted to ensure votes, while the Balochistan National Party-Mengal reported pressure on two senators who defied party lines.
In the SC constitutional bench 26th amendment case, lawyers sought to invalidate provisions they say undermine judicial independence, a core feature of Pakistan’s Constitution. These include the removal of the Supreme Court’s suo motu powers, fixing the Chief Justice’s term at three years, and empowering a parliamentary committee to appoint the Chief Justice from the three most senior judges. Petitioners also targeted new rules for annual performance evaluations of high court judges by the Judicial Commission of Pakistan and the creation of constitutional benches in the Supreme Court and high courts.
Barrister Salahuddin Ahmed presented arguments, building on earlier submissions. The bench questioned whether it could mandate a full court, with Justice Aminuddin Khan probing the legal basis for such a shift. No final decision was reached on this preliminary issue, and the hearing adjourned to continue later.
Background
The 26th Amendment, officially the Constitution (Twenty-sixth Amendment) Act 2024, was passed by Pakistan’s parliament in an overnight session on October 21, 2024. It came into force immediately upon presidential assent. The legislation aimed to reform the judiciary, with the government arguing it strengthens parliamentary oversight and prevents judicial overreach.
Prime Minister Shehbaz Sharif stated that the amendment empowers parliament and would prove beneficial for the country’s justice system. The changes followed months of political tension, including allegations of vote manipulation. Legal experts have debated its constitutionality, with some international bodies like the International Commission of Jurists calling it a blow to judicial independence and human rights.
Petitions were filed shortly after the amendment’s passage, initially heard in January 2025. The case resumed in October 2025, reflecting ongoing judicial scrutiny.
Implications for Judicial Independence
The Pakistan Supreme Court 26th amendment hearing has drawn attention from legal fraternities across South Asia. Opponents argue the amendment erodes the separation of powers, potentially allowing executive influence over judicial appointments and operations. Supporters, including government officials, maintain it corrects imbalances and promotes accountability.
Data from the Supreme Court registry indicates over 20 petitions consolidated in this case, though exact figures remain fluid as additional filings occur. The amendment’s provisions on constitutional benches, now in effect, have already led to the formation of the current panel hearing the challenges.
Quotes from the hearing highlight the stakes. Hamid Khan warned that accepting the amendment without scrutiny could set a precedent akin to past judicial validations of controversial laws. Munir A. Malik referenced historical parallels, describing the changes as a new form of judicial control.
The SC constitutional bench 26th amendment case also intersects with related legislation, such as the Practice and Procedure Act 2024 and the Supreme Court (Number of Judges) Act 2024. Petitioners seek to declare these unconstitutional if stemming from the amendment.
Public and Political Reactions
A convention hosted by the Lahore High Court Bar Association and Lahore Bar Association on October 11, 2025, resolved to continue opposing the amendment. Participants declared the legal community would reject any verdict compromising judicial independence.
Political parties remain divided. The Pakistan Tehreek-e-Insaf and allied groups like Jamat-e-Islami and Sunni Ittehad Council have been vocal critics, while the ruling coalition defends the reforms as necessary for efficient governance.
What’s Next
The bench is expected to decide soon on the full court request before delving into the amendment’s merits. Future sessions in the Pakistan Supreme Court 26th amendment hearing could shape Pakistan’s judicial landscape for years.
Published in SouthAsianDesk, October 13th, 2025
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