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Friday March 29, 2024

SC resumes hearing on petitions challenging 18th, 21st Amendments

ISLAMABAD: Resuming hearing on petitions challenging the 18th and 21st Constitutional Amendments, the Supreme Court on Tuesday asked if a parliamentary committee on appointment of judges negates the constitutional values of independence of judiciary and its separation from power.

Presenting his arguments in court today, counsel for the Lahore High Court Bar (LHC) Association Hamid Khan said that there was

By GEO ENGLISH
April 28, 2015
ISLAMABAD: Resuming hearing on petitions challenging the 18th and 21st Constitutional Amendments, the Supreme Court on Tuesday asked if a parliamentary committee on appointment of judges negates the constitutional values of independence of judiciary and its separation from power.

Presenting his arguments in court today, counsel for the Lahore High Court Bar (LHC) Association Hamid Khan said that there was no need for a parliamentary committee to appoint judges to the higher judiciary.

There is no question that the independence of the judiciary and its separation from power is a key principle of the constitution, said Justice Saqib Nisar.

“But the parliament is representative of the people. Is there any harm if the parliament is part of this process?” asked Justice Saqib Nisar.

Chief Justice Nasirul Mulk, who is heading the 17-member apex court bench, advised Hamid Khan to focus his arguments on how a constitutional amendment can be declared null and void based on this premise.

The chief justice asked Khan to limit his arguments to the case.

We are not reviewing the entire Constitution here, he said.

Justice Nasirul Mulk told Khan to file a different petition if he wants to challenge the 19th Amendment as well.

The hearing was subsequently adjourned to Wednesday.

During hearing on Monday, the apex court bench stressed that the basic structure of the Constitution must be protected.

The full court bench observed that the independence of the judiciary was supreme and asked how it could declare the 18th Constitutional Amendment null and void.

The apex court observed that the Constitution has a basic structure which must be protected in any case.


The Supreme Court took up the long-pending case challenging the 18th Constitutional Amendment, along with other petitions challenging the 21st Amendment, on February 12.

The 18th Amendment case has been pending with the apex court for four years.