The High Court of Sindh on Monday rejected a petition to prevent the Federal Cabinet from approving the proposed 26th Amendment to the Constitution of Pakistan.

The High Court rejected the request based on a Supreme Court of Pakistan precedent that bars courts from intervening in legislation unless it is for already enacted legislation that is “demonstrably unconstitutional.” The petitioners also requested that the amendment be made public for a sixty-day minimum debate. However, the court did not find a constitutional requirement for the latter request.

The proposed 26th Amendment adds courts at the federal and provisional levels with exclusive final appellate jurisdiction over constitutional issues. The amendment would also impose a three-year term limit on the chief justice of the Supreme Court and a retirement age of sixty-eight.

Critics argue that the proposal undermines the authority of the Supreme Court. Former prime minister Shahid Khaqan Abbasi pointed out that the creation of a Federal Constitutional Court is incompatible with Pakistan’s precedent-based common law system. Lawyer Salahuddin Ahmed echoed this concern, stating, “For all practical purposes…the bill abolishes the Supreme Court of Pakistan.” Ahmed aso believes the amendment violates the separation of powers. In an appeal to the United Nations, former prime minister Imran Khan argued that appointing the chief justice of the Federal Constitutional Court through a National Assembly Committee undermines the separation of powers and enables targeted judicial abuses against him.

Abbasi also expressed concern for the erosion of judicial independence because the bill allows “High Court judges to be transferred against their will” and “judges to be disciplined on the basis of alleged inefficiency.” In addition, Abbasi contended that the bill would undermine individual rights by limiting the High Courts’ power to adjudicate on writ petitions.

A constitutional amendment proposal ordinarily requires two-thirds approval from both houses of the Parliament of Pakistan and the President of Pakistan to amend the constitution.