ISLAMABAD, JAN 25 (DNA): The Pakistan Tehreek-e-Insaf (PTI) on Saturday challenged the 26th Amendment, saying it was ultra vires to the Constitution, making it the 16th petition filed against the contentious tweak.

The parliament had last year in October approved changes to the Constitution, which included empowering the legislature to pick the chief justice, fixing the top post’s tenure, and forming constitutional benches.

The constitutional changes were approved in an extraordinary session of parliament which was assembled on Sunday, a public holiday, and ran all night, concluding close to dawn.

Following the move, the PTI — which did not vote during the session in which the amendment was passed — and other opposition parties said it was an attempt to subvert the judiciary.

However, just a day earlier, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari — whose party is an ally of the Pakistan Muslim League-Nawaz (PML-N) — emphasised that the 26th Constitutional Amendment can only be repealed by parliament, saying that if any institution attempts to annul it, such a move will not be accepted by anyone.

In its petition, the PTI has asked the top cour to declare that the amendment violates the salient features of the Constitution, including the independence of the judiciary, rule of law, federalism, separation of powers, parliamentary democracy, and fundamental rights.

The party also asked the court to declare unconstitutional the manner in which the Constitution was tweaked as it contravenes Articles 63A, 238, and 239 of the Constitution.

Providing reasons why it violates the articles, the petition mentioned that it was due to the absence of a fully constituted Parliament, “coercion, harassment, and undue influence of members of Parliament, illegal inclusion of votes of defecting members of Parliament”.

“Declare that Sections 7, 9, 10, 12, 14, 17, 21, and 27 […] along with the amendments introduced thereby, are ultra vires the Constitution and in direct conflict with its salient features and are therefore void ab initio, and of no legal effect.”

The party also wants any actions, appointments, or decisions made by any person or body after the passage of the amendment and its consequential legislation to be declared unlawful.

“Declare that the Supreme Court (Practice and Procedure) (Amendment) Act, 2024, and the Supreme Court (Number of Judges) (Amendment) Act, 2024, are unconstitutional.”

Restrain the Judicial Commission of Pakistan, as reconstituted under the amendment from convening, undertaking any actions, making appointments, or exercising any authority, it said.

“Declare the appointment of Constitutional Benches and additional judges made by the Judicial Commission of Pakistan […] to be unconstitutional, without lawful authority.”