The Sindh High Court has dismissed a petition from lawyers challenging proposed constitutional amendments, stating the court cannot intervene in matters that have not yet been finalized. During the hearing, Chief Justice Muhammad Shafi Siddiqui noted that the amendments have not been passed, and therefore, there are no grounds for judicial interference. He highlighted that it is the elected representatives in the National Assembly, who represent the country’s 240 million citizens, that are responsible for legislation.
“How can the court intervene when there is no amendment yet?” asked the chief justice, emphasizing that it is premature to assess the legality of a proposal before its passage. The petition, filed by Ghulam Rehman Korai and others, sought a judicial review of the proposed 26th constitutional amendment, arguing that the draft should be presented to Bar Councils and Bar Associations for feedback before being debated in the assembly.
Chief Justice Siddiqui firmly rejected this argument, questioning the legal basis for such a request. He criticized the petitioners for ignoring the Supreme Court’s previous ruling on the Practice and Procedure Act, which established guidelines for legislative procedures. “Despite understanding the Supreme Court’s judgment, you chose to file such an application,” he remarked, noting that poorly drafted submissions often make their way into the media the following day.
Ultimately, the court ruled that it could not oppose the Supreme Court’s decision, dismissing the petition as premature and lacking legal merit.
Recently, the government shared a draft of the proposed 26th constitutional amendment with various political parties. Key changes include a new process for judicial appointments, with the Chief Justice to be selected by an eight-member parliamentary committee from among three senior judges, and the establishment of a seven-member constitutional commission for judicial appointments. Additionally, a federal council will oversee the removal of judges, with the retirement age set at 67 for constitutional court judges, while the Chief Justice’s term will be limited to three years.
Last week, PML-N leader Nawaz Sharif and PPP Chairman Bilawal Bhutto-Zardari met to discuss judicial reforms and agreed to present the proposed amendments in parliament. Both parties committed to consulting with each other and other political stakeholders on the timeline for this presentation.
