Petition Questions Constitutionality of Proposed Amendment
Former Chief Justice of Pakistan, Jawwad S. Khawaja, has filed a constitutional petition in the Supreme Court challenging the 27th Constitutional Amendment. The petition argues that the proposed amendment unlawfully curbs the Supreme Court’s powers under Article 184(3) of the Constitution.
The petition contends that Parliament cannot reduce or transfer the Supreme Court’s constitutional jurisdiction to any other forum or court. It labels the amendment as unconstitutional and invalid, urging the Court to declare any such provision null and void. Khawaja emphasizes that the Supreme Court alone has the authority to determine the constitutionality of amendments.
Judicial Independence and High Court Transfers
The petition also challenges provisions regarding the transfer of High Court judges. It seeks a stay on the implementation of disputed sections of the amendment until the Court delivers its verdict.
Khawaja’s petition stresses that granting the Supreme Court’s powers to a Constitutional Court or any other forum would violate the Constitution and undermine judicial independence, highlighting concerns over the separation of powers and the integrity of Pakistan’s judiciary.
