The 27th Constitutional Amendment introduces sweeping changes to Pakistan's judicial structure by creating a Federal Constitutional Court tasked exclusively with constitutional matters
ISLAMABAD – Pakistan’s judiciary is facing a major crisis after two Supreme Court judges, Mansoor Ali Shah and Athar Minallah, resigned in protest over the 27th Constitutional Amendment, which they claim undermines the independence of the judiciary and subjugates it to executive control. The amendment, signed into law by President Asif Ali Zardari on Thursday, creates a Federal Constitutional Court and limits the Supreme Court’s authority, sparking concerns about the erosion of judicial independence.
The resigning judges argued that the amendment “dismantles the Supreme Court of Pakistan” and “strikes at the very heart of our constitutional democracy”. Justice Shah stated that the amendment has “crippled judicial independence and integrity, pushing the country back by decades”.
The move has been widely criticised by opposition parties and legal experts, who claim that the amendment is an attempt to manipulate the judiciary and undermine the rule of law. The International Commission of Jurists has also expressed concern, stating that the amendment is a “blow to judicial independence, the rule of law, and human rights protection
The amendment introduces sweeping changes to Pakistan’s judicial structure by creating a Federal Constitutional Court tasked exclusively with constitutional matters, while the existing Supreme Court will be confined to hearing civil and criminal cases.
Justice Shah, in his resignation letter, said: “Such a disfigurement of the constitutional order is unsustainable and will, in time, be reversed — but not before leaving deep institutional scars.”
Justice Shah said his resignation was a matter of principle, declaring he could not continue serving in an institution that had been stripped of its constitutional role. “Staying on would not only amount to silent acquiescence in a constitutional wrong, but would also mean continuing to sit in a court whose constitutional voice has been muted,” he wrote. “Serving in such a truncated and diminished court, I cannot protect the Constitution, nor can I even judicially examine the amendment that has disfigured it.”
Justice Minallah echoed Shah’s concerns in his own resignation letter, saying he had sworn to uphold “the Constitution” and not merely “a constitution”.
“Prior to the passage of the 27th Amendment, I wrote to the Chief Justice of Pakistan, expressing concern over what its proposed features meant for our constitutional order. Against a canvas of selective silence and inaction, those fears have now come to be true,” he said.
After the amendment’s approval, Law Minister Azam Nazeer Tarar introduced changes to the Practice and Procedure Rules, which were passed by the National Assembly with a majority.
The law minister stated that the amendment and subsequent rule changes were aimed at aligning judicial procedures with the newly created Federal Constitutional Court. He said the prime minister will now send a summary to the president for the appointment of the Chief Justice of the Federal Constitutional Court.
Under the same law, the president will appoint the Chief of Army Staff and the Chief of Defence Force on the prime minister’s advice. The amendment also stipulates that the post of Chairman of the Joint Chiefs of Staff Committee will end on November 27, 2025.
Moreover, the Chief of Defence Forces – who will also serve as Army Chief – will appoint the head of the National Strategic Command in consultation with the prime minister, and that official will be drawn from the Pakistan Army. The government will also have the authority to promote senior military officers to the honorary ranks of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet. These titles will carry lifelong privileges. – With inputs from Agencies
