ISLAMABAD: Following the passage of the 26th Amendment, Justice Mansoor Ali Shah remarked on Monday that questions of jurisdiction are likely to “arise every day” in the Supreme Court (SC) as a result of the new legislation regarding constitutional benches.
The 26th Constitutional Amendment became law in the early hours of Monday after receiving approval from both houses of Parliament and the assent of President Asif Ali Zardari. The amendment introduces several changes to the Constitution, primarily focusing on judicial reforms.
Key changes include the removal of the Supreme Court’s suo motu powers, the establishment of a three-year term for the Chief Justice of Pakistan (CJP), and the empowerment of the Prime Minister to appoint the next CJP from among the three most senior judges of the Supreme Court.
During a hearing related to a case involving the Competition Commission of Pakistan, Justice Shah made a light-hearted comment about the jurisdiction issue, asking, “Will this case now go to the constitutional bench or can we hear it?” He noted that this question would likely arise frequently in the Supreme Court as cases are considered for normal or constitutional benches.
Advocate Farogh Naseem commented that political cases have now transformed into constitutional cases. Justice Ayesha Malik added, “Now it’s up to you and your constitutional benches,” reflecting on the implications of the new amendment.
Justice Shah adjourned the case for three weeks, stating that they would have more clarity on the situation by then.
Justice Ayesha Malik advised him to review the new amendment carefully, noting that Article 199 could not be addressed in the current case. Justice Shah responded that it would take some time to fully grasp the implications of the changes introduced by the amendment.
