Some members of the Pakistan Bar Council (PBC) have challenged a constitutional amendment package that seeks sweeping changes in the country's judicial system.
According to the petition, the bill proposes amendments to the Constitution that would transfer the vested powers of the Supreme Court of Pakistan and the high courts to the executive and entirely annihilate the principles of independence of judiciary and separation of powers.
The petition has invoked the SC's jurisdiction under Article 184(3) of the Constitution.
It claims that the proposed bill is in violation of the Constitution and amounts to its abrogation. "The proposed amendments are in violation of the basic structure of the Constitution and Articles inter alia 4, 6, 8, 9, 10A, 16, 17, 25, 68, 63A, 175A, 184, 199 of the Constitution of Pakistan, 1973 and therefore, liable to be set aside by this court," it said.
It stated that the bill poses a threat to the rule of law, access to justice, separation of powers and the independence of the judiciary.
"[It] has been [proposed] to target a specific political party, thereby making it person-specific, and liable to be suspended," it added.
According to the petition, the Constitution is built on a delicate balance of power among the executive, the judiciary, and the legislature, as established by the 18th and 19th amendments.
"These amendments aimed to restore and strengthen democratic governance and the rule of law by enhancing transparency in judicial appointments and reducing executive influence over the judiciary after a long period of extra constitutional dispensation.
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