Pakistan’s judiciary has been thrown into turmoil following the resignation of three senior judges in protest against the sweeping 27th Constitutional Amendment, a move that critics say fundamentally alters the country’s legal landscape and threatens the independence of its courts. The amendment, signed into law on November 13, 2025, by President Asif Ali Zardari after its rapid passage through Parliament, has sparked outrage and deep concern among the nation’s legal community and international observers alike.
The controversy began to boil over when, just hours after the amendment’s approval, two of the Supreme Court’s most respected judges—Justice Mansoor Ali Shah and Justice Athar Minallah—tendered their resignations. According to PTI and IBNS, both judges submitted detailed letters to the president, denouncing the amendment as a “grave assault on the Constitution of Pakistan” and a direct threat to judicial independence. President Zardari formally accepted their resignations on November 14, 2025, a move that only intensified the national debate.
In his 13-page resignation letter, Justice Shah did not mince words: “The 27th Amendment dismantles the Supreme Court of Pakistan, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy.” He argued that the law weakens the Supreme Court, compromises judicial autonomy, and erodes Pakistan’s democratic fabric. “By fracturing the unity of the nation’s apex court, it has crippled judicial independence and integrity, pushing the country back by decades,” Shah wrote, according to IBNS. He concluded that to continue serving under such a system would be to endorse a “constitutional wrong.”
Justice Minallah echoed these sentiments, stating in his resignation letter, “The Constitution I swore to uphold is no more. I can think of no greater assault on its memory than to pretend that, as new foundations are now laid, they rest upon anything other than its grave.” He lamented that what remains is “a mere shadow; one that breathes neither its spirit, nor speaks the words of the people to whom it belongs.” Minallah also revealed that he had warned the Chief Justice prior to the amendment’s passage, but his concerns went unheeded amid “silence and inaction.”
The resignations did not end there. On November 15, 2025, Justice Shams Mehmood Mirza of the Lahore High Court became the first high court judge to step down in protest, further deepening the crisis. According to Business Standard and India Today, Justice Mirza—who was due to retire in March 2028—submitted his resignation in response to what he described as an “assault on the constitution and judiciary.” Notably, Mirza is the brother-in-law of former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) Secretary General, Advocate Salman Akram Raja, adding a layer of political intrigue to the unfolding drama.
At the heart of the controversy is the creation of the Federal Constitutional Court (FCC), a new body tasked exclusively with handling constitutional matters. The Supreme Court, once the country’s highest judicial forum, has now been relegated to overseeing traditional civil and criminal cases. Critics argue that the FCC’s establishment effectively supersedes the Supreme Court, with its decisions binding on all other courts—including the Supreme Court itself. As noted by India Today, the new Article 189 cements this shift, downgrading the Supreme Court’s authority and placing constitutional interpretation firmly in the FCC’s hands.
The 27th Amendment also introduces a restructured judicial hierarchy. Under Clause 56, the “Chief Justice of Pakistan” is now defined as the most senior among the Chief Justice of the FCC and the Chief Justice of the Supreme Court, formally establishing a new pecking order between the two bodies. Clause 23 amends Article 176 to ensure that the current Chief Justice retains his title for the remainder of his term, regardless of the broader restructuring. Several provisions initially approved by the Senate—including those related to oath changes for constitutional office holders—were dropped before final enactment, according to IBNS.
Beyond the judiciary, the amendment also brings significant changes to Pakistan’s military command structure. The law allows Army Chief General Asim Munir to remain in office until 2030 as Chief of Defense Forces (CDF), a move that consolidates military leadership and extends Munir’s influence well beyond the traditional tenure. The amendment further stipulates that the post of Chairman of the Joint Chiefs of Staff Committee will end on November 27, 2025, and grants the government authority to promote senior military officers to honorary ranks with lifelong privileges—such as Field Marshal and Marshal of the Air Force. The head of the National Strategic Command will now be appointed from within the Pakistan Army, in consultation with the prime minister, further intertwining executive and military authority.
The government, for its part, has dismissed the judges’ objections as “political speeches” and “unconstitutional.” Law Minister Azam Nazeer Tarar argued that the changes were necessary to align judicial procedures with the new FCC and to improve efficiency. Yet, legal experts and international watchdogs remain unconvinced. The International Commission of Jurists (ICJ) has described the 27th Amendment as a “flagrant attack” on judicial independence, warning that it sets a dangerous precedent for the separation of powers in Pakistan.
Supporters of the amendment insist that the reforms will streamline the judicial process and clarify the roles of the country’s top courts. However, critics see a darker motive: the consolidation of executive power at the expense of an independent judiciary. The departing judges’ warnings are stark. In their words, the amendment marks “the beginning of the end” for judicial independence in Pakistan, undermining the very foundation of constitutional democracy.
The resignations have triggered a broader national conversation about the future of Pakistan’s legal system. The legal fraternity is divided, with some calling for further protests and others urging dialogue to resolve the standoff. Meanwhile, the general public watches with growing unease as the country’s constitutional order appears to hang in the balance.
As the dust settles, one thing is clear: the 27th Constitutional Amendment has set Pakistan on a new and uncertain path. The coming months will reveal whether the judiciary can reclaim its independence or whether the country’s legal and political institutions will be irrevocably altered by this momentous shift.
