Islamabad (Web Desk): Supreme Court Justice Muhammad Ali Mazhar referenced India’s judiciary while discussing the powers of the Constitutional Bench during hearings on petitions challenging the 26th Constitutional Amendment.
Lawyer Shabbar Raza Rizvi argued that India is the only country with a Constitutional Bench, while other countries have a Constitutional Court.
Justice Mazhar noted that even in India, the Constitutional Bench has special powers and highlighted that unlike India—where the Chief Justice is the master of roster—Pakistan has two committees and the Chief Justice is not the sole authority in bench formation.
The hearing was conducted by an eight-member bench led by Justice Amin-Ud-Din Khan, including Justices Jamal Khan Mandokhail, Ayesha A Malik, Syed Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
Around three dozen petitioners, including PTI, Jamaat-e-Islami, Sunni Ittehad Council, Lahore High Court Bar Association, Lahore Bar Association, Karachi Bar Association, former SCBA presidents, and individual litigants, challenged the amendment.
Counsel Rizvi argued that the Supreme Court retained its constitutional powers under a proviso, while Justice Mazhar said Article 184(3) powers had been transferred to the Constitutional Bench under Article 191-A.
The bench questioned the formation of a full court to hear the petitions, with Justice Amin-Ud-Din asking how judges without constitutional interpretation authority could be included. Justice Mazhar also raised concerns about the Chief Justice’s dual role in the Judicial Commission of Pakistan.
Barrister Adnan Khan, representing petitioner Anas Ahmed, said there is no restriction on summoning a full court. The hearing was adjourned until Wednesday.