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The 26th Amendment in the constitution of Pakistan was challenged in the Supreme Court (SC) on Tuesday and asked the top court to nullify it.
The applicant Muhammad Anas filed the plea through his counsel Adnan Khan in the apex court. The federal government has been made respondent in the plea.
It has been said in the application that the parliament has the right to make legislation, adding that an amendment can be passed after a two-thirds majority of the house votes in its favor. But the parliament has no right to give it suggestions on the matters of judiciary, deeming the 26th Constitutional Amendment against the basic structure of the constitution and separation of powers among institutions, the petition said.
In addition, it said that the amendment had altogether altered the method of appointment of the top judge and the formation of the judicial commission, pointing out that the government would now appoint the judges instead of an otherwise set pattern of elevation to the slot of top judge based on seniority.
It has been pleaded in the application that the 26th Constitutional Amendment be nullified as being against the freedom of judiciary and basic rights.
