ISLAMABAD: Resuming hearing on petitions challenging the Constitutional Amendment 18a and 21a, the Supreme Court on Tuesday asked if a parliamentary committee on the appointment of judges denies the constitutional values of the independence of the judiciary and separation of power.
The presentation of their cases in court today, counsel for the Lahore High Court Bar (LHC) Association Hamid Khan said there was need for a parliamentary committee to appoint judges to the superior courts.
There is no doubt that the independence of the judiciary and separation of energy is a fundamental principle of the Constitution, the judge said Saqib Nisar.
“But parliament is representative of the people. Is there any harm if parliament is part of this process?” Asked Justice Saqib Nisar.
Chief Justice Nasirul Mulk, who heads the 17-member bench of the apex court, Hamid Khan advised to focus their arguments on the form of a constitutional amendment can be declared null and void based on this premise.
The presiding judge asked Khan to limit their arguments to the case.
We are not reviewing the entire Constitution here said.
Justice Nasirul Mulk said Khan to present a different request if he wants to challenge Amendment 19 also.
The hearing was then adjourned to Wednesday.
During the hearing on Monday, the apex court bench said that the basic structure of the Constitution must be protected.
The bank full court noted that the independence of the judiciary was supreme and asked how he could declare null 18th Constitutional Amendment.
The Supreme Court noted that the Constitution has a basic structure to be protected in any case.
The Supreme Court accepted the case of long wait to challenge the Constitutional Amendment 18, along with other petitions challenging the Amendment 21, on February 12.
The 18th Amendment case has been pending in the apex court for four years.