The Supreme Court of Pakistan has started live-streaming hearings on petitions challenging the 26th Constitutional Amendment. This marks the first time the apex court has made such proceedings publicly accessible. An eight-member Constitutional Bench, led by Justice Amin-ud-Din Khan, is hearing the case. Petitioners demand a full court, arguing the amendment alters the court’s structure and must be judged by all its members. The court has not yet decided whether it will form a full bench.
The 26th Amendment, passed in October 2024, made major changes to the judiciary. It removed the court’s suo motu powers, fixed the Chief Justice’s term at three years, and gave Parliament a say in judicial appointments. Critics say these changes threaten judicial independence and give too much power to the executive. Petitioners argue that such a serious constitutional shift must be reviewed by all sitting judges.
Read more: SC to live stream hearings challenging 26th Amendment
During the hearing, Barrister Hamid Khan said the original 16-judge bench that saw the amendment’s passage should hear the case. He argued that only a full court can decide on the judiciary’s structure with full legitimacy. The bench, however, pressed him to cite any legal basis for demanding a full bench. Justice Mazhar questioned whether Article 187 allows such a move. Khan insisted the Constitution gives the court enough power to take that step.
Justice Jamal Mandokhail reminded Khan that the constitutional bench itself was created by Parliament. The debate grew sharper as justices questioned whether forgetting Article 191A would invalidate the bench. The court seemed divided on the issue, though all judges agreed the matter carried enormous constitutional weight. Live streaming was seen as a step towards transparency and was widely welcomed by civil society and lawyers.
Read more: Khokhar files appeal for full court hearing against 26th Amendment
Over 36 petitions have been filed against the amendment, including by high court bar associations, former judges, and political parties like PTI. They say the law was passed in haste and without proper debate. Petitioners believe the amendment must be struck down—or at least key clauses annulled. With hearings set to continue, attention now shifts to whether the Supreme Court will form a full bench to settle a case seen as one of the most consequential in Pakistan’s legal history.