Strong Voices Justice Mazhar’s Bold Move on 26th Amendment
📰 Strong Voices Justice Mazhar Speaks on 26th Amendment Case
Islamabad, Pakistan — October 16:
A new legal debate has emerged in the Supreme Court of Pakistan as Justice Muhammad Ali Mazhar declared that the Constitutional Bench has the authority to hear the 26th Amendment case. His strong and confident statement has once again highlighted the importance of judicial independence and constitutional interpretation in Pakistan’s legal system.
Justice Mazhar made these remarks during a hearing before an eight-member bench, led by Justice Amin-ud-Din Khan, which is currently reviewing petitions against the 26th Constitutional Amendment passed by parliament last year. Strong Voices Justice Mazhar Bold Move on 26th Amendment
⚖️ The Bench Composition
The powerful bench includes Justice Jamal Khan Mandokhail, Justice Ayesha A. Malik, Justice Syed Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan. Together, these judges are analyzing whether the amendment aligns with the spirit of the Constitution or exceeds parliamentary limits. Strong Voices Justice Mazhar Bold Move on 26th Amendment
More than three dozen petitioners, including Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami (JI), Sunni Ittehad Council (SIC), and several bar associations, have challenged the amendment’s validity. Even seven former presidents of the Supreme Court Bar Association (SCBA) are part of the petition, showing how significant this case is for Pakistan’s constitutional landscape.
🧑⚖️ The Debate: Judicial Powers and the Role of the CJP
During the proceedings, lawyer Abid Zuberi, representing the Pakistan Bar Council’s former presidents, argued that the Chief Justice of Pakistan (CJP) holds the authority to direct the formation of a full court under Article 75 of the Constitution.
However, Justice Amin-ud-Din Khan questioned this view, suggesting that any judicial order for a full court might exceed the jurisdiction of judges not part of the constitutional bench. He added that the CJP’s powers are administrative, not judicial, when it comes to such matters. Strong Voices Justice Mazhar Bold Move on 26th Amendment
Justice Mazhar then stepped in with clarity and confidence, emphasizing that the constitutional bench does have jurisdiction to hear the matter and can even request the inclusion of all constitutional judges if necessary. His words, “The Bench can hear it,” echoed as a defining moment in the hearing — representing not just his opinion, but the collective strength of the judiciary’s voice.
🔍 The Legal Question: Who Can Form a Full Court?
Justice Ayesha Malik raised a critical question: does Article 191A of the Constitution restrict judicial orders about forming a full court? And can the Judicial Commission of Pakistan (JCP) be directed to form one?
Justice Mandokhail, showing a mix of practicality and concern, remarked that he had previously suggested including all judges in the bench — yet the idea was opposed by some. Justice Malik pressed further, asking the counsel why he wanted a bench formed of judges who were part of the court before the 26th Amendment.
The discussion highlighted a deep constitutional question — Who holds the power to form a full court?
Is it the Chief Justice, the Judicial Commission, or the Bench itself through judicial order?
🧩 Justice Mazhar’s Perspective: Balance and Authority
Justice Mazhar maintained that a constitutional bench’s powers are not extinguished merely by the existence of administrative procedures. He pointed out that under constitutional provisions, the Bench has both authority and obligation to interpret the law when necessary.
His view reflects a broader judicial philosophy — that no institution should surrender its constitutional duty due to procedural hesitation. This line of reasoning positions Justice Mazhar as a strong voice for judicial independence within Pakistan’s legal framework. Strong Voices Justice Mazhar Bold Move on 26th Amendment
🗣️ Reactions from Legal Circles
Legal experts and constitutional analysts have noted that Justice Mazhar’s statement carries far-reaching implications.
According to a senior lawyer from the Lahore High Court Bar Association, “Justice Mazhar’s remarks revive the discussion on judicial independence versus administrative powers. This case could reshape how benches are constituted for future constitutional challenges.”
“The ongoing 26th Amendment hearings are more than a legal issue; they are a reflection of Pakistan’s democratic maturity and institutional balance.”
🧠 Understanding the 26th Constitutional Amendment
The 26th Constitutional Amendment primarily dealt with judicial composition and parliamentary influence, making it controversial from the start. Critics argue that it gives parliament indirect control over judicial matters, while supporters claim it ensures checks and balances within the system.
Now, with the Supreme Court’s Constitutional Bench re-examining its validity, the amendment’s fate may define future judicial independence and parliamentary limits in Pakistan. Strong Voices Justice Mazhar Bold Move on 26th Amendment
🕊️ A Defining Moment for Judicial Independence
By allowing the case to be heard by the Constitutional Bench, Justice Mazhar reaffirmed a vital principle: no constitutional question is beyond judicial scrutiny. His statement not only empowered the ongoing legal debate but also sent a clear message — the judiciary stands firm as the guardian of Pakistan’s Constitution. Strong Voices Justice Mazhar Bold Move on 26th Amendment
The next hearing is scheduled for October 20, where the arguments will likely center on whether the Chief Justice or the Bench itself can form a Full Court. Whatever the outcome, this case will be remembered as a turning point in Pakistan’s constitutional history.
🌐 Conclusion
Justice Mazhar’s words, “The Bench can hear it,” were simple yet powerful. They underscored the judiciary’s strength, independence, and resolve to interpret the Constitution without fear or favor.
As Pakistan awaits the next phase of the 26th Amendment case, one thing is clear — Justice Mazhar’s strong voice has sparked a constitutional conversation that may shape the nation’s legal future. Strong Voices Justice Mazhar Bold Move on 26th Amendment
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