The petitioner has made the federal government a respondent in the constitutional petition pleading with the court to declare the amendment void.
“The Parliament could legislate and amend the constitution with a 2/3 majority, but it could not encroach the judicial matters,” the petition read.
It argued that the 26th Amendment has been a violation of the basic framework of the constitution and the division of powers among the state institutions.
“The amendment has handed over the appointment of the Chief Justice to the incumbent government,” according to the plea. “The formation of the Judicial Commission has also been altered in the new amendment,” the petitioner said.
The petitioner has requested the court to declare the 26th amendment in the constitution as a violation of the fundamental rights and the independence of the judiciary.
The 26th Constitutional Amendment has also been challenged in the Sindh High Court.
Illahi Bux advocate has filed a petition against the constitutional legislation in the high court.
Petitioner has requested to declare sections 8, 11, and 14 of the constitutional amendment as null and void.
Secretaries of cabinet division, law and justice, and other concerned have been made respondents in the plea.