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Supreme Court Justice Muhammad Ali Mazhar stated in a 20-page note that only Parliament or the Supreme Court has the authority to annul the 26th Constitutional Amendment. Agreeing with the constitutional bench’s decision in the benches’ powers case, he emphasized that a regular bench does not have the authority to interpret the Constitution.

Justice Mazhar clarified that the 26th Amendment remains part of the Constitution, with its provisions clearly outlined. He asserted that until Parliament or the Supreme Court decides otherwise, all matters will proceed under this amendment. He also stressed that constitutional interpretation should be carried out by a bench of at least five judges and that regular benches should not exceed their jurisdiction.

Furthermore, he noted that the fundamental rulings in the tax case handled by a two-member bench had been withdrawn, rendering all subsequent proceedings ineffective. It is worth mentioning that the constitutional bench had also nullified the rulings of Justices Mansoor and Aqeel Abbasi.

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