Two Pakistan Supreme Court Judges Resign Over 27th Amendment Shakeup

In a historic and unprecedented move, two senior judges of Pakistan’s Supreme Court resigned on Thursday, voicing deep concern over the 27th Constitutional Amendment, which they claim has severely compromised judicial independence and dismantled the Supreme Court’s constitutional authority.

The resignations, by Justice Athar Minallah and Justice Syed Mansoor Ali Shah, come in response to the amendment that introduces a Federal Constitutional Court (FCC), a court positioned above the Supreme Court with original jurisdiction over constitutional disputes and fundamental rights. Pending petitions and appeals related to these matters will now be transferred to the FCC, effectively stripping the Supreme Court of its suo motu powers and undermining its role as the nation’s apex judicial body.

Justice Minallah described the amendment as a betrayal of the oath that judges swear to uphold, stating that the Supreme Court no longer serves the Constitution. “These robes we wear are more than mere ornaments. They are to serve as a reminder of that most noble trust bestowed upon those fortunate enough to don them… It is in that ardent hope that I now hang these robes up for the last time,” he said in his resignation letter.

Justice Shah, in a 13-page resignation, detailed the erosion of judicial independence caused by the amendment. He criticized the Chief Justice for failing to resist the changes and asserted that the Federal Constitutional Court was created not through constitutional wisdom but political expediency. According to Justice Shah, the amendment has “captured the judiciary, hollowed out the Supreme Court of Pakistan, and replaced constitutional adjudication with a court shaped by power, not by principle.”

Both judges stressed that continuing to serve in the newly truncated Supreme Court would imply acquiescence to the weakening of the judiciary. Justice Shah highlighted that the 27th Amendment, along with the previous 26th Amendment, marks a clear regression in protecting judicial autonomy, stating, “The light of judicial independence has not faded by accident — it has been dimmed by design.”

The resignations are a significant political and judicial development in Pakistan, raising concerns over the independence of the judiciary and the balance of power within the state. Analysts note that these moves reflect growing tensions between the government and the judiciary over constitutional authority and democratic checks and balances.

As the FCC prepares to assume its role above the Supreme Court, legal experts warn that the reform could have long-lasting implications on the interpretation of constitutional law and the separation of powers in Pakistan.

The departure of Justices Minallah and Shah leaves the Supreme Court at a historic crossroads, signaling both a protest against political interference and a warning about the future of judicial independence in the country.