Supreme Court Hears Petitions Against 26th Constitutional Amendment: “We Must Rely on the Existing Constitution Until It Is Amended,” Says Justice Aminuddin

Islamabad: The **Supreme Court of Pakistan** on Tuesday continued the **live-streamed hearing** of petitions challenging the **26th Constitutional Amendment**, with an **eight-member larger bench** headed by **Justice Aminuddin Khan**. The bench also includes **Justice Jamal Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan,** and **Justice Shahid Bilal Hasan**.

During the proceedings, **Justice Aminuddin** remarked, *“We rely on the Constitution. Until an amendment is declared void, we must depend on the existing Constitution.”*

Senior lawyer **Hamid Khan**, representing the **Lahore Bar Association and Lahore High Court Bar Association**, opened his arguments, stating that the **26th Amendment was hastily passed late at night**—introduced in the Senate on **October 20, 2024**, and approved by the **National Assembly** the following night.

Hamid Khan urged the court to **form a full court** to hear the case, suggesting that all **16 judges** of the Supreme Court who were serving at the time the amendment was passed should be part of the bench.

Justice **Jamal Mandokhail** asked whether the lawyer agreed that the **26th Amendment currently forms part of the Constitution**, to which Hamid Khan responded that *if a full court declares it unconstitutional, it would be considered void from day one.*

Justice **Aminuddin** observed that until such a declaration is made, *“the amendment remains part of the Constitution.”* Justice **Musarrat Hilali** also noted that the **amendment has not been suspended**, while Justice **Mandokhail** added, *“You are appearing before a bench formed under the same amendment you are challenging.”*

The bench repeatedly asked Hamid Khan to **limit his arguments to the formation of the full court**, as the **merits of the amendment** would be discussed later.

Hamid Khan argued that the **26th Amendment curtailed the powers of the Chief Justice**, transferring the authority to constitute benches, and also affected the **composition of the Judicial Commission**, where judges were placed in a **minority position**.

Justice **Ayesha Malik** questioned whether any restriction existed on forming a full court through a judicial order, while Justice **Muhammad Ali Mazhar** asked Hamid Khan to **point out from the Constitution** under which article the Supreme Court could issue such an order, suggesting **Article 187** might apply.

When Hamid Khan agreed, Justice **Mandokhail** remarked, *“If we consider all Supreme Court judges as part of this constitutional bench, would you then be satisfied?”* to which Hamid Khan replied, *“The concept of a constitutional bench itself arises from the 26th Amendment.”*

Justice **Aminuddin** added, *“If we forget about this amendment, then the very existence of the Supreme Court today would be in question.”*

The **hearing was broadcast live** on the Supreme Court’s official YouTube channel. The petitions against the **26th Constitutional Amendment** were initially filed earlier this year, with the **first hearing held on January 27, 2025**.