Resignation of Two Supreme Court Judges in Pakistan Amid 27th Amendment Controversy

Post by : Raina Nasser

In a groundbreaking development, two prominent judges from Pakistan’s Supreme Court announced their resignation on Thursday, expressing grave concerns about the implications of the 27th Constitutional Amendment. They argue that the amendment fundamentally undermines judicial independence and threatens the Supreme Court’s constitutional integrity.

Justice Athar Minallah and Justice Syed Mansoor Ali Shah stepped down in protest against the introduction of a Federal Constitutional Court (FCC). This new institution is set to hold authority over the Supreme Court regarding constitutional disputes and fundamental rights. As a result, ongoing petitions and appeals will transfer to the FCC, eliminating the Supreme Court’s suo motu powers and diminishing its standing as the highest judicial authority in the nation.

Justice Minallah called the amendment a grievous affront to their judicial oath. He remarked, “These robes we wear are more than mere ornaments. They symbolize the sacred trust bestowed upon us… It is with a heavy heart that I now retire these robes forever,” he stated in his resignation letter.

Justice Shah elaborated on the amendment’s detrimental impact on judicial independence in a detailed 13-page resignation. He criticized the Chief Justice for not opposing the changes and claimed that the FCC was established not out of constitutional wisdom but out of political motives. Justice Shah lamented that the amendment has “captured the judiciary, diminished the Supreme Court of Pakistan, and substituted constitutional adjudication with a court molded by power rather than principle.”

Both judges affirmed that remaining in a diminished Supreme Court would suggest compliance with the weakening of judicial authority. Justice Shah underscored that the 27th Amendment, alongside its predecessor, clearly signifies a rollback in the safeguarding of judicial independence, stating, “The illumination of judicial autonomy has not disappeared by mere chance—it has been intentionally obscured.”

This resignation marks a pivotal moment in Pakistan's political and judicial landscape, raising alarms about the judiciary's independence and state power dynamics. Analysts suggest that this situation highlights escalating tensions between governmental authority and judicial power concerning constitutional legitimacy and democratic safeguards.

With the FCC gearing up to take its place above the Supreme Court, legal analysts caution that this reform could have enduring consequences on Pakistan’s constitutional interpretation and the separation of powers.

The exits of Justices Minallah and Shah place Pakistan’s Supreme Court at a crucial juncture, signifying a protest against political involvement and a forewarning of the potential fate of judicial independence in the nation.