The Ongoing Debate Over the 26th Constitutional Amendment: A Call for Clarity
In the heart of Islamabad, the debate surrounding the 26th Constitutional Amendment is heating up. Critics argue that this amendment might have tilted the balance of power, giving the executive branch more sway over the judiciary. Retired Supreme Court judges are stepping into the fray, considering a public call for the formation of a full court to address the petitions challenging this contentious amendment.
Some notable retired justices, including a former chief justice from Sindh, are discussing the urgency of this matter. A respected senior lawyer has even encouraged these retired judges to vocalize their opinions, framing it as a crucial step toward preserving the integrity of the judiciary they once served. While some judges are eager to weigh in, others are hesitant, wary of the potential backlash.
Former attorney general Muneer A Malik has expressed hope that these retired judges will take a stand, suggesting that this moment could define the future of Pakistan’s judiciary. In light of an apparent alliance between the bar and the executive, the opinions of seasoned judges could be instrumental in shaping the public narrative.
Interestingly, both the superior bar associations appear to support the amendment. Ahsan Bhoon, who recently won the Supreme Court Bar Association election, has proposed creating a Federal Constitutional Court through a potential 27th Amendment. This suggestion, while ambitious, raises questions about the real intention behind the proposed changes. Observers believe the situation may evolve further after the provincial bar council elections scheduled for November 1.
Currently, the Constitutional Bench, led by Justice Aminuddin Khan, is contemplating the various applications regarding the formation of a full court. Legal experts note that the hearings on the 26th Amendment are likely to be adjourned for a couple of weeks, complicating any swift resolution—especially with Justice Khan’s retirement looming at the end of November.
With tensions high and sentiments mixed on judicial reforms, both legal minds and the public are left wondering about the future. Will the government continue to push forward with the 27th Amendment? Only time will tell.
For those seeking a deeper understanding of Pakistan’s shifting legal landscape, connecting with experts and engaged communities can provide valuable insights. Platforms like Pro21st offer a way to explore these discussions further, ensuring you stay informed.
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