PHC dismisses plea against 26th constitutional amendments

PESHAWAR: The Peshawar High Court (PHC) has dismissed a plea challenging the 26th Constitutional Amendment, signed by President Zardari on October 21, 2024, ARY News reported.

As per details, the petitioner had argued that the amendment affects the independence of the judiciary through changes in the Judicial Commission. However, the court dismissed the plea, citing that the petitioner had withdrawn their request.

Earlier, a new petition challenging constitutional amendments was filed in the Supreme Court (SC).

The petition against the constitutional amendments was moved by Advocate Saeem Chaudhry in the Supreme Court arguing that Article 179, concerning the retirement age of judges, should be declared a fundamental part of the Constitution.

It is important to note here that the National Assembly and Senate passed the bill with a two-thirds majority under which the term for the Chief Justice of Pakistan has been set at three years.

A 12-member parliamentary committee will select the new Chief Justice from a panel of the three most senior judges.

26th constitutional amendment

Under the constitutional amendment, the term for the Chief Justice of Pakistan has been set at three years.

A 12-member parliamentary committee will nominate the new Chief Justice of Pakistan from a panel of the three most senior judges.

The committee, comprising eight members from the National Assembly and four from the Senate, will propose the name to the Prime Minister, who will then forward it to the President for final approval.

Besides, a Judicial Commission of Pakistan, led by the Chief Justice and including three senior judges, two members each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a nominee of the Pakistan Bar Council, having not less than fifteen years of practice in the Supreme Court, will be responsible for appointments of the judges of the Supreme Court.