Only Parliament, Supreme Court Can Repeal 26th Amendment: Justice Mazhar

Justice Mazhar - The News Today - TNT
Islamabad:  Rising tobacco and nicotine use among Pakistan’s youth, especially around educational institutions, emerged as the central concern at a national review session on tobacco control held by the Aurat Foundation in Islamabad. Participants from Parliament, government departments, health organizations, and civil society warned that easy availability of cigarettes, vapes, nicotine pouches, and flavored tobacco near schools is creating a growing public health threat. The discussion also pointed to a noticeable increase in tobacco use among women, indicating a shifting trend. The session called for stronger legislation, faster policy action, and strict enforcement to counter the rapid spread of emerging nicotine products. Speakers emphasized that existing laws remain poorly implemented due to procedural delays, weak monitoring, and limited coordination between federal and provincial bodies. The need for clear parental awareness, community engagement, and better recognition of new nicotine products was highlighted as an essential part of early prevention. Officials noted that families and schools often remain unaware of modern products marketed to young people. Technical briefings identified major enforcement gaps and policy loopholes that allow the tobacco industry to expand its reach. Participants noted that companies are increasingly using social media trends, entertainment content, and youth-focused marketing to promote vaping in urban areas. Government representatives reaffirmed ongoing federal efforts to implement the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance 2002 and to tighten regulations where required. Provincial representatives also announced plans to introduce new resolutions to strengthen tobacco control. Education sector officials raised alarms over the rise of nicotine products around private institutions and called for tougher regulatory checks. Regulatory authorities stressed the need for a broader social movement to counter tobacco use nationwide. Closing the event, the Aurat Foundation reiterated its commitment to evidence-based advocacy, cross-sector collaboration, and long-term public awareness initiatives aimed at building a healthier, tobacco-free society.

ISLAMABAD: The Supreme Court of Pakistan (SCP) Justice Muhammad Ali Mazhar has stated that the 26th amendment could only be repealed by a parliamentary decision or a SCP ruling.

In a 20-page note issued in the bench powers case, Justice Mazhar agreed with the constitutional bench’s decision.

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He emphasised that only a constitutional bench has the authority to review the constitutionality of laws, and a regular bench cannot interpret constitutional matters.

Justice Mazhar supported the withdrawal of previous orders issued by a two-member bench.

He further stated that the 26th amendment remains part of the constitution, and its provisions are clear and transparent. “We cannot turn a blind eye to this amendment. Yes, it has been challenged, and notices have been issued to the parties. A decision on whether to refer the case to a full court will be made on merit,” he wrote.

Justice Mazhar reiterated that until the amendment is formally annulled, all legal matters must proceed under its framework. He also clarified that only a minimum of five-member constitutional bench has the authority for constitutional interpretation, not a regular bench.

Regarding a tax-related case, he noted that all fundamental orders have been revoked, rendering subsequent proceedings ineffective. He further supported the constitutional bench’s decision to withdraw orders previously issued by Justice Mansoor and Justice Aqeel Abbasi.

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