The Sindh High Court has dismissed a petition filed by lawyers contesting proposed constitutional amendments, stating that the judiciary cannot intervene in a matter that is yet to be finalized.
During the proceedings, Chief Justice Muhammad Shafi Siddiqui pointed out that the amendments in question have not been passed, making it inappropriate for the court to intervene. He emphasized that it is the responsibility of the elected representatives in the National Assembly, representing the country’s 240 million citizens, to create and amend laws.
“How can the court step in when there is no formal amendment yet?” asked the chief justice, highlighting that it is premature to assess the legality of a proposal before it becomes law. “How can we determine if the amendment is in line with the law when it hasn’t even been enacted?”
The petition, submitted by Ghulam Rehman Korai and others, called for judicial review of the proposed 26th constitutional amendment. The petitioners argued that the draft amendment should be submitted to Bar Councils and Bar Associations for review prior to its debate in the National Assembly.
Chief Justice Siddiqui firmly rejected this request, questioning its legal foundation. He also criticized the petitioners for ignoring the Supreme Court’s earlier ruling on the Practice and Procedure Act, in which a 15-member bench outlined how the judiciary should handle legislative procedures and amendments.
“After reading the Supreme Court’s decision, you still proceeded to file such a petition,” remarked the chief justice, noting that hastily written applications with minimal content often make headlines the next day.
“Under what law should the court mandate that the draft be presented to bar councils and associations?” he added.
The court ultimately dismissed the petition, citing its premature nature and lack of legal substance, and affirmed that it could not contravene the Supreme Court’s decision.
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