smartcybers786@gmail.com 
SC hears 26th Amendment case on October 8, 2025. — Screengrab via YouTube@SCPProceedings
#26th #Amendment #part #Constitution #Justice #Mandokhail
Justice Jamal Khan Mandokil of the Supreme Court has said that the 26th Amendment is still part of the constitution.
The comments of Justice Mandokil came as an eight -member constitutional bench headed by Justice Aminuddin Khan. On Wednesday, the petition filed a petition against the agreement fought by Parliament in October 2024.
These comments from Justice Mandokil came as the eight -member constitutional bench headed by Justice Aminuddin Khan, hearing petitions against the agreement fought by Parliament in October 2024.
Other members of the bench include Justice Muhammad Ali Mazhar, Justice Aisha A. Malik, Justice Syed Hassan Azar Rizvi, Justice Masrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.
The hearing on the SC’s official YouTube channel was in accordance with the court’s decision.
After a nine -month hiatus on Tuesday, the bench came up with a day after hearing the petitions against constitutional adaptation, in which the court allowed the case to be run directly.
The amendment challenged the amendment in October 2024, including several parties, including the Pakistan Tehreek-A-A-A-A-A-A-A-Insaf (PTI), Jamaat-e-Islami (G), Sunni Attaad Council (SIC), as well as the Bar Association (SCBA), the Bar Association (SCBA).
The constitutional adaptation, which has been implemented since then, requires the legislature to select the Chief Justice, set the position of high office and set up a constitutional bench.
The amendment challenged the amendment in October 2024, including several parties, including the Pakistan Tehreek-A-A-A-A-A-A-A-Insaf (PTI), Jamaat-e-Islami (G), Sunni Attaad Council (SIC), as well as the Bar Association (SCBA), the Bar Association (SCBA).
The constitutional adaptation, which has been implemented since then, requires the legislature to select the Chief Justice, set the position of high office and set up a constitutional bench.
During the hearing today, the Lahore High Court Bar Association (LHCBA) lawyer Hameed Khan said that the 26th amendment was approved at the end of the night.
Hamid reminded that eight judges of the current bench were part of the SC when the amendment was approved and requested the court to include the remaining eight judges to make part of the constitutional bench.
Justice Aminuddin replied, “The current 26th constitutional amendment will have to be relyable unless there is any further agreement about the constitution.”
Referring to his views, Justice Hilali said that regardless of the legal status of the amendment, the court has not yet suspended it.
Continuing his arguments, lawyer Hameed highlighted that due to the 26th amendment, the judges have become a minority in the Judicial Commission of Pakistan (JCP), before they were in the majority.
“The majority of the JCP has followed in the administrative aspect then [26th] The amendment, “he noted, while requested the court to set up a full court on the petitions against this amendment.
Hamid claimed, “The fact is that judges in the JCP are not in the majority, affecting the independence of the judiciary.”
Responding to Justice Mazhar’s question whether a bench formed after the amendment could decide the full court petition, the lawyer said that the current bench has to decide the issue of constitutional opportunities.
In addition, Justice Aminuddin questioned Hamid on what basis he was debating the constitutional bench could not hear the case.
The judge noted, “It is not in our power to go back to the 26th Constitutional Amendment.”
However, Hamid then stated that no one was stopping the establishment of a complete court in the 26th Amendment.
“The bench should be sent to the Chief Justice of Pakistan (CJP).”
Speaking on the occasion, Justice Mandokhil said that the 26th Amendment is a part of the constitution at that moment.
For this, Hamid replied that he was challenging the formation of a bench formed after the amendment.
“By what authority should we set up a full court?” Justice Amyuddin questioned.
Expressing his views, Justice Malik said that there was no prohibition on the establishment of a complete court through a court order.
“Where is it written in the 26th Amendment that there is no judicial order?” He asked, he added why this cannot be done in other matters.
The court, after hearing the arguments, adjourned the hearing yesterday (Thursday) until 11:30 am.
