The Supreme Court on Friday refused to entertain a petition challenging the 27th Constitutional Amendment. The Registrar's Office returned the petition, stating that such matters could only be filed before the Federal Constitutional Court (FCC). The apex court had previously turned down a similar challenge againstminor legislation.
Justice (retd) Shabbar Raza Rizvi filed the petition under Article 184(3) of the Constitution, naming the Federation of Pakistan through the Secretary Ministry of Law and Justice, the President, the Prime Minister, the Senate Chairman, the National Assembly Speaker, and the Judicial Commission of Pakistan as respondents. The petitioner prayed that the impugned Act be declared void ab initio, specifically targeting provisions of Article 175 (clauses 3, 4, 18, 19, and 23), Article 175E(5), Article 180, and Article 200(4).
He further requested the court to annul clauses (2) and (3) of Article 248, arguing that the amendments fundamentally alter and dismantle the salient features and basic structure of the Constitution framed by the original Constituent Assembly. Rizvi contended that the current Parliament lacks constituent powers and cannot rewrite the foundational framework of the 1973 Constitution, maintaining that judicial independence remains vital to the democratic fabric of the country.
Legal experts have noted that the establishment of the Federal Constitutional Court has shifted the jurisdiction for constitutional petitions of this nature, reinforcing the separation of administrative and constitutional judicial reviews as envisaged under the recent legislative overhaul.
