Pakistani Judges Resign in Protest, Accusing Government of Misusing the Recently Amended Constitution

New Delhi: The independence of the judiciary in Pakistan has come under significant scrutiny. Two senior judges of the country's Supreme Court, Justice Mansoor Ali Shah and Justice Athar Minallah, resigned on Thursday, citing the controversial 27th Constitutional Amendment, approved by President Asif Ali Zardari. The two judges argue that this amendment undermines the spirit of the Constitution and undermines the Supreme Court's independence.

Amendment Approved, Judges Rise Against

The 27th Constitutional Amendment, passed by both houses of Parliament and passed into law with the President's assent, was signed into law within hours. The two senior judges submitted their resignations. According to the amendment, a new court called the "Federal Constitutional Court" will be created in Pakistan, which will hear only constitutional matters. The Supreme Court will now be limited to civil and criminal matters only.

Justice Mansoor Ali Shah wrote in his resignation letter that the amendment was a direct attack on Pakistan's constitution. According to him, it stripped the Supreme Court of its fundamental powers and placed the judiciary under the control of the executive.

The Constitution was severely damaged

In his resignation letter, Justice Shah stated that this amendment had shattered the integrity and independence of the judiciary. He argued that it had set the country back decades and shaken the foundations of the constitutional system. He wrote that sitting in such a weakened and helpless court would be against his oath to protect the Constitution. He stated categorically that he could not be part of a judicial system controlled by the executive and whose voices were suppressed.

Now wearing a judge's robe is like betrayal

Justice Athar Minallah also expressed deep anguish in his resignation. He explained that he had written to the Chief Justice expressing his concerns before the amendment was passed, but no action was taken.  He wrote that the Constitution he had sworn to protect had now lost its true identity, and that the current amendment stood on its grave. Minallah said that remaining a judge under the new system would be a betrayal. Therefore, he decided to step down.

What will change in Pakistan after the 27th Amendment?

The President will appoint the Chief of Army Staff and the Chief of Defence Force on the advice of the Prime Minister. The position of Chairman Joint Chiefs of Staff Committee will be abolished after November 27, 2025. The National Strategic Command will remain in the hands of the Pakistan Army. Ranks such as Field Marshal, Air Marshal, and Admiral of the Fleet will be honorary for life. Legal experts say this amendment threatens not only the judiciary but the entire constitutional structure. They believe it could have serious political and legal consequences for Pakistan in the future.