Resuming the hearing of 18th and 21st constitutional amendments case on Monday, a 17-judge Supreme Court (SC) bench headed by Chief Justice of Pakistan (CJP) Nasirul Mulk stressed the need to protect Constitution’s basic structure.
“Although the basic structure is not being protected through a provision of the Constitution but historically, it is established that Constitution has the basic structure which must be protected in any case,” Justice Ejaz Afzal Khan said.
Justice Khan said several amendments were made in the Constitution for the maintenance of its basic structure.
Pondering upon the need to strike down amendments, the CJP questioned as to how the parliamentary committee on judges’ appointment was violating the judiciary’s independence.
Hamid Khan, counsel for several bar associations, contended that the parliamentary committee has not only violated judiciary’s independence but was also opposed to the separation of power.
On the occasion, Justice Asif Saeed Khosa said that before the passage of 18th Amendment, the parliamentary committee, which was constituted to propose constitutional amendments, had admitted that the Constitution has a basic structure and they are working for its restoration.
“On one side, the parliamentarians are working for restoration of basic structure but on the other hand, they are being accused of violating it,” he said.
The hearing of the case has been adjourned till Tuesday.