ISLAMABAD – Supreme Court Justice Muhammad Ali Mazhar has asserted that the 26th Amendment can only be repealed through a parliamentary decision or a Supreme Court ruling.
In a 20-page note issued in the bench powers case, Justice Mazhar concurred with the constitutional bench’s verdict, emphasizing that only a constitutional bench has the authority to review the constitutionality of laws, while a regular bench cannot interpret constitutional matters.
He endorsed the withdrawal of previous orders issued by a two-member bench and reaffirmed that the 26th Amendment remains an integral part of the constitution with clear and transparent provisions. “We cannot overlook this amendment. It has been challenged, and notices have been issued to the concerned parties. A decision on whether to refer the case to a full court will be made on merit,” he stated.
Justice Mazhar stressed that until the amendment is formally annulled, all legal proceedings must adhere to its framework. He also clarified that constitutional interpretation requires a minimum five-member bench, ruling out the authority of a regular bench in such matters.
In a tax-related case, he noted that all fundamental orders had been revoked, rendering further proceedings ineffective. He further supported the constitutional bench’s decision to withdraw previous orders issued by Justice Mansoor and Justice Aqeel Abbasi.
