26th Amendment Case: Supreme Court Told Full Court Order Can Be Issued Using Judicial Powers

ISLAMABAD – October 9, 2025 — In ongoing proceedings challenging the 26th Amendment, senior lawyer Munir A. Malik told the Supreme Court of Pakistan that a full court could be constituted through judicial powers, even by the current eight-member Constitutional Bench (CB).

The CB, headed by Justice Aminuddin Khan, examines petitions against the controversial 26th Amendment Case that restructured judicial powers ,  including limiting the Chief Justice’s term, curbing suo motu authority, and creating Constitutional Benches through Article 191A.

During Thursday’s hearing, which was live-streamed directly from the Supreme Court of Pakistan, Malik supported previous arguments requesting a full court to hear the petitions of the 26th Amendment Case, suggesting that judicial orders under Article 191A provide sufficient authority.

Justice Ayesha Malik questioned whether the CB could rely on the same amendment it is reviewing. Malik responded that judicial powers are distinct from jurisdiction, emphasizing that any bench can issue such an order.

Tensions briefly rose when Justice Musarrat Hilali suggested judges appointed after the 26th Amendment should not be on the bench. Justice Mandokhail dismissed the notion, stressing all Supreme Court judges are equally legitimate.

Former SCBA president Abid Shahid Zuberi argued that a full court could comprise all available judges at Supreme Court of Pakistan, not necessarily those appointed before the Amendment.

The hearing resumes October 13, when Zuberi will continue his arguments.

The 26th Amendment faces multiple legal challenges from bar associations, PTI, and civil society, with petitioners claiming it was passed under duress and undermines judicial independence, a core feature of the Constitution.

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