Supreme Court Justice Muhammad Ali Mazhar has stated that only a constitutional bench has the authority to review the constitutionality of laws, while a regular bench does not have the jurisdiction to interpret constitutional matters. His remarks were part of a 20-page note issued in the ongoing case regarding the powers of Supreme Court benches.
In his note, Justice Mazhar emphasized that the constitutional bench had rightly annulled the orders of a two-member bench. He reaffirmed that the 26th Amendment remains a part of the Constitution, highlighting that its provisions are clear and transparent. He further stated that the Supreme Court cannot turn a blind eye to this amendment.
While acknowledging that the amendment has been challenged, and notices have been issued to the relevant parties, Justice Mazhar stressed that any request to refer the case to a full court would be decided on merit. He clarified that the 26th Amendment can only be repealed by Parliament or a Supreme Court ruling, and until such a decision is made, all matters will proceed under its framework.
He asserted that at least a five-member constitutional bench is required for constitutional interpretation, and a regular bench should not exceed its jurisdiction as defined by the Constitution. He also agreed with the constitutional bench’s decision to revoke orders previously issued by Justice Mansoor Ali Shah and Justice Aqeel Abbasi in the matter.
Justice Mazhar concluded that since the fundamental orders of the two-member bench in the tax case had been annulled, all subsequent proceedings based on those orders were now null and void.
