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A significant legal battle concerning judicial scope and constitutional independence has commenced in Pakistan, as former Chief Justice of the Supreme Court, Justice (R) Jawwad S. Khawaja, has filed a constitutional petition against the Federation. The petition, submitted under Article 184(3) of the Constitution, directly challenges the recently passed 27th Constitutional Amendment.
The core argument put forth in the petition is that the fundamental constitutional jurisdiction of the Supreme Court cannot be transferred to, or curtailed by, any other court or forum. This principle is seen as crucial for maintaining the independence and supremacy of the judiciary within the constitutional framework.
The 27th Amendment, which was passed by a two-thirds majority in the Senate, is now under scrutiny. Justice (R) Khawaja has requested the court to nullify any amendment to the Constitution that seeks to diminish the Supreme Court’s original jurisdiction. Furthermore, the petition seeks interim relief, pleading that the implementation of the controversial parts of the 27th Amendment be suspended until a final verdict is delivered on the application.
This constitutional move could mark a critical juncture in Pakistan’s legal history, as it demands a balance between the Parliament’s power to amend the Constitution and the protection of the Supreme Court’s entrenched foundational structure and judicial authority.
