Constitutional amendments cannot be debated in courts: Senator Siddiqui
Pakistan
Article 239(6) grants Parliament unlimited authority to amend the Constitution
ISLAMABAD ( APP) - Pakistan Muslim League Nawaz (PML-N) Parliamentary Leader in the Senate, Irfan-ul-Haq Siddiqui, stated on Thursday that constitutional amendments cannot be challenged or debated in any court on any grounds.
In a statement shared on his social media account X, Siddiqui emphasised that Article 239(6) of the Constitution of Pakistan grants Parliament unlimited authority to amend the Constitution.
He noted that the Constitution explicitly prohibits any court from discussing or debating constitutional amendments on any grounds.
Siddiqui further asserted that if the Constitution is to remain supreme, its principles must be upheld.
He referred to a letter written by senior puisne judge, Justice Mansoor Ali Shah, to the Chief Justice of Pakistan,
“Your Honor, I highly respect your opinion that the court can either approve or disapprove the 26th Constitutional Amendment.
However, the Constitution of the Islamic Republic of Pakistan also contains Article 239, which clearly and unequivocally states that no constitutional amendment, on any grounds, regardless of what they are, can be debated in any court.”
The Senator questioned, “whether you suspended, paralysed, or declared these clauses of the Constitution unconstitutional? If not, under what authority can the 26th Amendment be brought into discussion?”