The Sindh High Court has dismissed a petition filed by lawyers challenging proposed constitutional amendments, stating that the court cannot intervene in a matter that has yet to be finalised.
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.
"How can the court intervene when there is no amendment yet?" the chief justice asked, stressing that it is premature to question the legality of the proposal. "How can we determine before the amendment whether it is in accordance with the law or not?"
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.
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Chief Justice Siddiqui, however, firmly rejected this stance, questioning the legal basis for such a request. He further criticized the petitioners for disregarding the Supreme Court's ruling on the Practice and Procedure Act, in which a 15-member bench set guidelines for how the judiciary handles amendments and legislative procedures.
"Despite reading the Supreme Court's judgment, you dared to file such an application," the chief justice said, remarking that poorly drafted applications with only three or four lines are submitted in court and the next day they appear in the newspapers.
"Under which law should the court order to submit the draft before bar councils and bar associations?" the CJ asked further.
The court ultimately ruled that it could not oppose the decision of the Supreme Court, and rejected the petition on the grounds of its premature nature and lack of legal merit.
A couple of days ago, the government had shared on Saturday a draft of the proposed 26th constitutional amendment with various political parties.
According to the draft, which has outlined the significant changes to the judicial appointment process., the chief justice will be appointed by an eight-member parliamentary committee from among three senior judges.
The proposed amendments include the establishment of a seven-member constitutional commission for the appointment of judges in federal and provincial constitutional courts.
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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.
The composition of the parliamentary committee will reflect the representation of different parties based on their number of assembly members.
The retirement age for Supreme Court judges will remain at 65 years, with the Chief Justice's tenure capped at three years.
Last week, PML-N supremo Nawaz Sharif and PPP Chairman Bilawal Bhutto-Zardari reached an agreement on constitutional amendments concerning judicial reforms. The two leaders met at Punjab House, where they discussed the current political landscape of the country.
Bilawal was warmly welcomed by Nawaz Sharif upon his arrival. Meanwhile, the discussions focused primarily on the need for judicial reforms and the necessary constitutional changes to facilitate these reforms.
A key takeaway from the meeting was the commitment to present the proposed amendments in parliament. Both parties agreed to consult with each other and other political stakeholders to determine the appropriate date for this presentation.
