Pakistan’s Constitutional Bench Faces Legitimacy Questions Over Power to Rule on Its Own Fate
Pakistan's highest judicial body faces an unprecedented dilemma as legal scholars question whether its Constitutional Bench can legally rule on the very amendment that brought it into existence. The Twenty-Sixth Amendment's creation of this specialized court within the Supreme Court now faces scrutiny from the nation's legal community.
Constitutional Paradox Emerges
The crux of the debate centers on a foundational legal principle:
"No one can be a judge in their own cause"
Legal analysts warn the Constitutional Bench risks violating this centuries-old doctrine by potentially deciding cases about its own legitimacy and jurisdictional boundaries. Professor Ayesha Malik of Lahore Law College explains: "This represents a profound constitutional quandary. The court risks appearing to self-certify its own authority - something no democratic judiciary should undertake."
Background: The Twenty-Sixth Amendment
The 2023 constitutional reform established:
- A 5-member Constitutional Bench
- Exclusive authority over constitutional matters
- Specialized selection process for justices
- Faster resolution of constitutional disputes
What Happens Next
The Full Court - composed of all Supreme Court justices - appears the only body legally empowered to resolve this constitutional catch-22. According to constitutional scholar Dr. Haroon Ahmed,
"This situation demands extraordinary judicial humility. The Constitutional Bench must recognize its limitations and refer this matter upwards"
As Pakistan awaits resolution of this constitutional standoff, the controversy has sparked nationwide debates about judicial reform and separation of powers.
Read Original: The Friday Times report