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The Supreme Court of Pakistan (SCP) Justice Muhammad Ali Mazhar has stated that the 26th amendment could only be repealed by a parliamentary decision or a SCP ruling.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.
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Regarding a tax-related case, he noted that all fundamental orders have been revoked, rendering subsequent proceedings ineffective.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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