The Supreme Court Registrar’s Office in Islamabad has declined to receive a petition challenging Pakistan’s 27th Constitutional Amendment.
The office said petitions concerning the amendment should be filed before the Federal Constitutional Court (FCC).
The petition was filed by retired Justice Shabbar Raza Rizvi. It challenges the constitutional changes introduced through the 27th Amendment.
According to the petitioner, Pakistan’s Constitution was framed by the Legislative Assembly. He argued that the Constitution established the Supreme Court as the country’s highest court in the 1973 constitutional framework.
Petitioner Raises Questions Over Constitutional Changes
The petitioner argued that the present Parliament is not a constituent assembly. Therefore, he maintained that it does not have unlimited authority to alter the Constitution’s basic features.
He also challenged provisions related to judicial independence and the appointment of judges.
The petition argues that the 27th Amendment has undermined key constitutional principles. It asks the courts to declare the amendment null and void.
The petitioner further questioned the constitutional provision granting lifetime immunity under Article 248.
Previous Petition Also Not Accepted
The petition also argues that granting lifelong immunity is inconsistent with the principles of an Islamic state.
The petitioner maintained that judicial independence is closely connected with the process of appointing judges. He urged the judiciary to examine whether the amendment violates the Constitution’s fundamental structure.
However, the Supreme Court Registrar’s Office did not accept the petition for filing. It directed the petitioner toward the Federal Constitutional Court, which now has jurisdiction over such constitutional matters.
This is not the first time a petition challenging the 27th Constitutional Amendment has faced difficulty at the Supreme Court’s Registrar Office. A previous petition against the amendment was also refused by the office.
What Happens Next?
The Registrar Office’s decision does not determine the constitutional validity of the 27th Amendment itself. Instead, it concerns where the challenge should be filed.
The petitioner may now approach the Federal Constitutional Court with his objections.
The case could become significant if the constitutional court agrees to hear the challenge and examines the amendment’s provisions concerning judicial authority, constitutional structure and immunity.
