Pakistan: Karachi Bar challenges 26th Constitutional Amendment in SC
Karachi Bar Association Challenges Pakistan's 26th Constitutional Amendment
The Karachi Bar Association has taken a significant step by filing a petition in the Supreme Court of Pakistan. This petition challenges the 26th Constitutional Amendment. Advocate Faisal Siddiqui submitted the petition on behalf of the Karachi Bar, aiming to repeal the amendment and annul the decisions made by the constitutional benches formed under it.
The petitioners argue that the amendment violates key principles of judicial independence and fundamental rights. The federal government of Pakistan, its four provincial governments, the election commission, and the speaker of the National Assembly have been named as respondents in this case.
The 26th Constitutional Amendment was passed by the National Assembly with a two-thirds majority on October 21, after approval by the Senate. This amendment introduces reforms to the appointment process and tenure of the Chief Justice of Pakistan. It also establishes constitutional benches in the Supreme Court, ensuring equal representation from all provinces, and proposes the creation of similar benches in the high courts. Additionally, it stipulates that the senior-most judge on each constitutional bench will serve as its presiding officer, and the Chief Justice's term is fixed at three years.
Doubts Revealed
Karachi Bar Association
The Karachi Bar Association is a group of lawyers in Karachi, Pakistan. They work together to support legal professionals and uphold the law.
26th Constitutional Amendment
This is a change made to Pakistan's Constitution. It involves rules about how the Chief Justice is appointed and how long they serve, as well as creating special groups of judges with members from different provinces.
Petition
A petition is a formal request made to a court asking for a specific legal action. In this case, the Karachi Bar Association is asking the Supreme Court to cancel the 26th Constitutional Amendment.
Supreme Court
The Supreme Court is the highest court in Pakistan. It makes important decisions about the law and can overrule other courts.
Advocate Faisal Siddiqui
Advocate Faisal Siddiqui is a lawyer who is representing the Karachi Bar Association in this case. He is the one who submitted the petition to the Supreme Court.
Judicial independence
Judicial independence means that judges should be able to make decisions without being influenced by other branches of government or outside pressures. It is important for fair and unbiased justice.
Fundamental rights
Fundamental rights are basic human rights that are guaranteed by the Constitution. They include things like freedom of speech, equality, and the right to a fair trial.
National Assembly
The National Assembly is a part of Pakistan's government where elected representatives make laws. It is similar to the Lok Sabha in India.
Constitutional benches
Constitutional benches are groups of judges that are formed to decide on important legal issues. The 26th Amendment aims to have these benches include judges from all provinces equally.
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