A constitutional petition has been filed in the Supreme Court of Pakistan challenging the proposed 27th Constitutional Amendment, citing concerns over the potential curtailment of judicial powers.
The petition, filed under Article 184(3) of the Constitution, contests provisions related to the jurisdiction and powers of the Supreme Court and the High Courts.
The petitioner argues that the powers of judicial review enshrined under Articles 184(3) and 199 are fundamental pillars of the Constitution and cannot be suspended, abolished, or replaced by any parallel mechanism.
The plea maintains that the objective of the petition is to safeguard the existing jurisdiction of the superior courts before the proposed amendment is enacted. It warns that, if approved, the amendment would prevent the Supreme Court and High Courts from hearing constitutional matters, effectively rendering the judicial system paralyzed and the courts ineffective.
The petition further requests the Supreme Court to protect its own jurisdiction as well as that of the High Courts, emphasizing that judicial independence must remain untouched even if other parts of the amendment are later reviewed.
It stresses that the preservation of judicial authority is a universally recognized democratic principle and includes references to international judicial precedents in support of the argument.
The petition has been filed by senior lawyer Barrister Tahir.