Supreme Court Addresses Constitutional Bench Composition

Justice Muhammad Ali Mazhar of the Supreme Court stated on Monday that matters of a constitutional nature will be adjudicated exclusively by a constitutional bench.

Justice Mazhar’s comments occurred during a hearing by the SC constitutional bench, presided over by Justice Amin-ud-Din, regarding petitions challenging the 26th Constitutional Amendment, which Parliament approved in October 2024.

The bench also comprises Justices Jamal Khan Mandokhail, Ayesha A Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhter Afghan, and Shahid Bilal Hassan.

Justice Mazhar emphasized that, regardless of personal preferences, the term ‘full court’ is absent from Article 191-A, and constitutional issues are reserved for the constitutional bench.

He noted that petitioners were seeking the Chief Justice to refer the matter to a full court, but clarified that Article 191-A no longer grants the Chief Justice such authority.

Addressing the counsel for one of the petitioners, Justice Mazhar mentioned that some parties had suggested excluding judges appointed after the 26th Constitutional Amendment from the full court.

He pointed out that while the judges proposed for inclusion are indeed judges, they are not members of the constitutional bench.

During the session, Justice Jamal Mandokhail remarked that a full court cannot be defined as a bench consisting of specific judges. He informed Advocate Abid Zuberi that only a request for a full court can be made.

Justice Mandokhail added that including judges appointed before the 26th Amendment would necessitate excluding other judges.

Advocate Zuberi clarified that he was not advocating for the removal of any judges from the Supreme Court.

Justice Mandokhail then inquired whether Advocate Zuberi would accept a declaration from the Judicial Commission stating that all Supreme Court judges are part of the constitutional bench, to which Zuberi affirmed he would.

The court proceedings were broadcast live, in line with an earlier decision. Following the arguments, the court adjourned the hearing until Tuesday.

It’s worth noting that numerous political entities, including Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami (JI), Sunni Ittehad Council (SIC), various bar associations, and former presidents of the Supreme Court Bar Association (SCBA), had contested the amendment in October 2024.

These constitutional changes, now in effect, mandate the legislature to select the chief justice, define the tenure of the top position, and establish constitutional benches.