Justice Mansoor calls for full court review of 26th amendment

ISLAMABAD: Justice Mansoor Ali Shah formally requested the Chief Justice, Yahya Afridi, to convene a full court to examine numerous petitions contesting the validity of the 26th constitutional amendment.

The letter talked about the pressing need for a thorough judicial review, given the amendment’s significant implications for the Judicial Commission.

Read more: Another petition filed in SC against 26th constitutional amendment

In his letter, Justice Mansoor stated that over two dozen petitions challenge the amendment’s constitutionality, which has notably modified the structure of the Judicial Commission.    

He warned that any ruling on the petitions could nullify actions taken by the commission under the disputed amendment. It raised serious concerns about the integrity of its decision.   

Justice Mansoor also cautioned that a successful challenge could invalidate the commission’s prior rulings. This could lead to potential embarrassment for the institution and its members.

He talked about the urgency of a quick resolution to clarify the commission’s legal standing and operational authority.

The letter also recalled a previous decision made by Justice Mansoor and Justice Munib Akhtar on October 31, which aimed to schedule a hearing for the petitions.

However, the judge noted that the registrar has yet to list the cases before a full court, prompting his request  for immediate action.

He further explained that while article 19-A of the constriction restricted regular Supreme Court benches from hearing the constitutional mater, it does not apply to a full court.

In light of all the developments, Justice Mansoor proposed that any further meeting of the Judicial Commission be postponed until the petitions challenging the 26th amendment were resolved.

He urged the newly appointed Chief Justice to instruct the registrar to prioritise the scheduling of the petitions for a full court hearing.

Read more: JUI-F’s Central Majlis Shura discusses 26th constitutional amendment

The 26^th constitutional amendment, also known as the Conational Package, was approved by both chambers of the parliament in early October.

It introduced significant changes, including the elimination of the Supreme Court’s suo motu powers, a three-year term limit for the Chief Justice and new authorities for the prime minister to appoint the next chief justice from among the three most senior judges of the Supreme Court.