Constitutional amendments challenged in Pakistan's Supreme Court

On  Sunday 20 October 2024, Shahbaz  government called conference for Constitutional amendments, but due lack of vote it was delayed and again called at midnight. According to constituent 65 vote are needed to amendment. According to news it is said that Shahbaz government buy vote by offering billions of rupee  for this Constitutional amendments to MNA's.

The law minister said, “I Senator Azam Nazeer Tarar … wish to move the bill further that after clauses 27 and preamble of the bill be passed and instead thereof new clause 29 shall stand part of Constitution (Eq.Thereafter Speaker Sadiq directed bells to be rung under the rules of the assembly for five minutes asking the absent members present in 5 min. Diehl announced that when the bells stopped ringing, all lobby doors would be closed with assembly staff also stationed at every door to prevent anyone from entering or leaving in order for voting members.The speaker added that he would ask the members who wanted to vote in favor of the motion to go through three entrances alone.

Purpose:

       According to news till now one of the biggest reason for this Constitutional amendments is to gives permission for  trail of  civilians in military courts, Second reason is that to give extension to  judges and army persons.  Shahbaz government

pass this bill in senate but it is compulsory to approve it from Supreme court. so till now it is not passed from supreme court it is not implement until supreme court approve this Constitutional amendments

 Conditions for Constitutional amendments:

• Constitutional Amendment Bill can originate in either House.
• Each House has to pass the Bill with two thirds majority of the total membership of that House.
• If 2nd House passes the Bill with amendments it is referred back to the House in which it originated and if that House agrees to those amendments with two thirds majority it is sent to the President for assent. If the 2nd House does not agree to the Bill or the amendments the matter ends there and then.
• Constitutional amendment Bill which seeks altering the limits of a Province shall also be passed by the Provincial Assembly of that Province by the votes of not less than two thirds of its total membership.

Summary: 

     A citizen has launched a petition in the Apex court of Pakistan for constitutional review 26th Constitutional amendment with which was introduced under Shahbaz Sharif government and later withdrawn. The petitioner in his constitutional petition called the central government of Pakistan as respondent and prayed before court to declare this amendment null and void. The petition read," The Parliament could legislate and amend the constitution with 2/3 majority, but it could not encroach judicial matters—".

The petition stated that the 2th Amendment has destroyed the very basic framework of constitution and abnegated division of powers among state institutions. The petitioner challenged the 26target of asking a constitutional govt violation It also affected fundamental rights and culminated frightening arms running amok wildly(attributes entirely freedom).