The bench indicated it would first address the petitions calling for the formation of a full court, before turning to requests seeking live streaming of the proceedings.
Tehreek-i-Tahaffuz Ayeen-i-Pakistan Chairperson Mustafa Nawaz Khokhar was represented by counsel Shahid Jameel, who filed an appeal for the constitution of a full court. Mr Jameel told the court: “Objections were raised on our petition regarding the formation of a full court.”
Following deliberation, the bench ordered that the petition be formally registered.
Khawaja Ahmad Hosain, counsel for former Chief Justice Jawad S. Khawaja, requested that the proceedings be broadcast live. “The entire nation wants to see what is happening,” he said. He further argued that the hearings on the petition seeking the formation of a full court bench should also be live streamed.
Khyber-Pakhtunkhwa government representative stated: “We have no personal objection to any judge on the bench.”
Barrister Salahuddin argued that “every citizen should have access to information of public importance”. He contended that the 26th Amendment was passed “in the dead of night”, without public debate, and called for greater transparency.
In a decision favouring the petitioners, the Supreme Court has granted approval for live streaming of the proceedings concerning the 26th Constitutional Amendment.
The case has been adjourned until tomorrow.
The 26th Consitutional Amendment
The 26th Constitutional Amendment Act, 2024, introduced far-reaching reforms to Pakistan’s judicial system. Passed in October 2024, the law removed the Supreme Court’s suo motu powers under Article 184(3) of the 1973 Constitution, fixed a three-year term for the Chief Justice of Pakistan in place of the traditional seniority-based succession, and authorised the prime minister—through a parliamentary committee—to appoint the next top judge from among the three most senior justices.
It also restructured the Judicial Commission of Pakistan and altered bench-formation powers, expanding the role of Parliament and the executive. The amendment further required the state to eliminate Riba (interest) from the financial system by January 1, 2028.
The Bench and the Pleas
An eight-judge Constitutional Bench (CB) of the Supreme Court, headed by Justice Aminuddin Khan, is hearing the petitions challenging the 26th Constitutional Amendment Act, 2024.
There were 36 petitions—filed by high court bar associations, the Pakistan Tehreek-e-Insaf (PTI), civil society actors, and former judges—questioning the legislative process, constitutional validity, and impact on judicial independence stemming from the amendment.
Petitioners have urged the court to strike down the entire amendment on grounds of procedural impropriety, arguing that it may not have secured the two-thirds parliamentary majority required under Article 239 of the 1973 Constitution for a constitutional amendment.
Alternatively, they seek to invalidate specific clauses, particularly those concerning the appointment of the Chief Justice of Pakistan (CJP), performance evaluations of judges by the Judicial Commission of Pakistan (JCP), and the constitutional bench structure introduced through the amendment. The pleas also call for restoring the original Article 175A(3), which provided for the seniority-based appointment of the CJP.
Petitioners further argue that laws enacted subsequently—such as the Supreme Court (Practice and Procedure) Act, 2024—are invalid, as they flow from what they describe as an unconstitutional foundation.
Several petitioners have also requested that the case be heard by the full Supreme Court rather than the CB formed under the contested amendment, citing the gravity of the constitutional questions at stake.