Pakistan Muslim League Nawaz (PML-N) Parliamentary Leader in the Senate, Irfan-ul-Haq Siddiqui, affirmed on Thursday that constitutional amendments are beyond the jurisdiction of courts and cannot be challenged or debated on any grounds.
In a statement posted on his social media platform, X, Siddiqui referenced Article 239(6) of the Constitution, which grants Parliament absolute authority to amend the Constitution. He underlined that the Constitution explicitly forbids courts from deliberating on such amendments.
Siddiqui stressed the importance of upholding constitutional supremacy, stating that its principles must remain intact.
Citing a letter written by senior puisne judge Justice Mansoor Ali Shah to the Chief Justice of Pakistan, Siddiqui quoted, “Your Honor, I respect your view that the court can approve or disapprove the 26th Constitutional Amendment. However, Article 239 unequivocally states that no constitutional amendment can be debated in any court, regardless of the grounds.”
The Senator further questioned whether constitutional provisions had been suspended, invalidated, or declared unconstitutional, adding, “If not, under what authority can the 26th Amendment be subjected to discussion?”