Supreme Court Examines Authority to Form Full Court

The Supreme Court’s (SC) Constitutional Bench (CB) on Tuesday deliberated on whether the chief justice of Pakistan (CJP) possesses the power to establish a full court. This discussion occurred during ongoing hearings regarding petitions challenging the 26th Constitutional Amendment.

The SC constitutional bench, led by Justice Amin-ud-Din, addressed multiple petitions opposing the 26th Constitutional Amendment, which was approved by parliament in October 2024.

Additional members of the bench included Justices Jamal Mandokhail, Muhammad Ali Mazhar, Ayesha A Malik, Syed Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.

Approximately three dozen petitioners, among them Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami (JI), Sunni Ittehad Council (SIC), Lahore High Court Bar Association, Lahore Bar Association, Karachi Bar Association, the former seven presidents of the Supreme Court Bar Association (SCBA), and numerous individuals acting independently, have contested the legality of the 26th Constitutional Amendment.

During the session, Justice Amin-ud-Din Khan inquired, “Can the chief justice constitute a full court comprising all judges of the constitutional bench?”

Senior lawyer Abid Zuberi contended that the CJP retains the authority to form a full court, asserting that “directives can be issued for its formation.”

Justice Ayesha Malik noted that the committee is empowered to form benches, but not a full court.

“The committee’s powers cannot be equated with those of the chief justice,” she stated.

Justice Jamal Mandokhail questioned the proposal to disregard Article 191-A.

Justice Ayesha Malik pointed out the existence of prior judgments on the matter.

“Benches are to be formed under the Supreme Court Rules,” Justice Jamal Mandokhail stated.

Lawyer Abid Zuberi claimed that Order 11 of the Supreme Court Rules dictates that the committee will form benches.

However, Justice Mandokhail emphasized that the rules do not specify that benches will be formed by the chief justice.

The court then adjourned the hearing until Wednesday.

The amendments to the constitution, now in effect, mandate that the legislature select the chief justice, set the tenure for the top position, and establish constitutional benches.