Civil society organisation Bahujana Balaya has filed a petition before the Supreme Court challenging the proposed 22nd Amendment to the Constitution, which has been presented to Parliament.

The organisation is seeking a determination on whether the provisions of the proposed amendment are consistent with the Constitution and whether any of the proposed changes require approval by the public at a national referendum in addition to the required parliamentary majority.

Bahujana Balaya said it supports constitutional reform in principle but stressed that any amendment must strengthen democracy, protect the sovereignty of the people, uphold the rule of law and maintain the separation of powers and institutional checks and balances.

The organisation has expressed particular concern over provisions it believes could have an impact on judicial independence and the separation of powers.

In its petition, Bahujana Balaya also referred to concerns reportedly raised by international legal bodies and experts, including the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges and UN Special Rapporteur on the Independence of Judges and Lawyers Margaret Satterthwaite.

The organisation said such concerns highlight the need for comprehensive and independent constitutional scrutiny before the proposed amendment is enacted.

Bahujana Balaya maintained that any constitutional change of such significance should be carried out through the proper constitutional process and, where required, be subject to approval by the people.