Constitutional Bench invokes power under 26th Amendment for the first time

On March 13, 2025, the Constitutional Bench (CB) of the Supreme Court of Pakistan invoked its authority under the 26th Amendment for the first time, transferring to itself all intra-court appeals (ICAs) relating to the imposition of Super Tax pending in the high courts of Lahore and Islamabad. Headed by Justice Aminuddin Khan, the five-judge CB invoked Article 186A, which was inserted in the Constitution through the 26th Amendment, empowering the apex court to transfer any case from any high court to any other high court or to itself if it considers it expedient in the interest of justice.

The bench observed that the more the 2023 ruling on Super Tax is 'dissected,' the more issues appear, indicating the complexity and significance of the matter. This move marks a significant exercise of the new powers granted to the Supreme Court under the 26th Amendment, aiming to streamline and centralize the adjudication of cases with national importance.

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