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Supreme Court Bench Questions Full Court Bid in 26th Amendment Challenge

An eight-judge panel is weighing whether Article 191A allows it to order a full court in challenges to Parliament’s judicial overhaul.

Overview

  • The constitutional bench heard petitions from political parties, bar bodies, and former judges and adjourned proceedings until Tuesday with the hearing livestreamed.
  • Justice Muhammad Ali Mazhar said the term full court does not appear in Article 191A and asserted that constitutional matters will only be heard by the constitutional bench.
  • Justice Jamal Khan Mandokhail cautioned that a full court cannot be composed of selected judges and questioned proposals to include only pre-amendment appointees.
  • Petitioners, including PTI, Jamaat-e-Islami, Sunni Ittehad Council, various bar associations, former CJP Jawad S. Khawaja, and Mustafa Nawaz Khokhar, are among 36 filings challenging the amendment.
  • The 26th Amendment restructured judicial governance by fixing a three-year CJP term, creating constitutional benches, and shifting CJP nomination to a parliamentary committee, with some accounts also noting curbs on suo motu powers.