The Sindh High Court on Monday rejected a petition filed by lawyers challenging proposed constitutional amendments, stating that the court cannot intervene in a matter that has yet to be finalized.
The petition, filed by Ghulam Rehman Korai and others, sought judicial review of the proposed 26th constitutional amendment. The lawyers argued for the court’s intervention, calling for the draft amendment to be presented before Bar Councils and Bar Associations for review before it is debated in the assembly.
During the hearing, Chief Justice Muhammad Shafi Siddiqui remarked that the amendments have not even been passed yet, so the judiciary has no grounds to interfere. He emphasized that elected representatives in the National Assembly, acting on behalf of the country’s 240 million citizens, are responsible for legislating.
The proposed amendments include the establishment of a seven-member constitutional commission for the appointment of judges in federal and provincial constitutional courts.
Additionally, a federal constitutional council will be created for the removal of judges. The retirement age for judges in the federal constitutional court will be set at 67, while the Chief Justice’s term will be limited to three years.
The draft has proposed the removal of the clause that mandates the senior-most judge to become Chief Justice.
Instead, the parliamentary committee will recommend one of the three senior-most judges to the Prime Minister, who will then forward the name to the President for approval.