Islamabad: Two senior judges of Pakistan’s Supreme Court resigned on Thursday in protest against a newly approved constitutional amendment, alleging it undermines the Constitution and threatens judicial independence.
Justices Mansoor Ali Shah and Athar Minallah stepped down hours after President Asif Ali Zardari gave his assent to the 27th Constitutional Amendment, which had cleared both houses of Parliament. The amendment establishes a Federal Constitutional Court to handle constitutional matters, leaving the existing Supreme Court to hear only civil and criminal cases.
In his resignation letter, Justice Shah called the amendment a “grave assault on the Constitution”, saying it dismantles the Supreme Court, places the judiciary under executive control and weakens democratic foundations. Remaining in office, he wrote, would amount to accepting a constitutional wrong and serving in a “truncated” court unable to protect or even review the amendment.
Justice Minallah, in his letter, said he had taken an oath to uphold “the Constitution” and not “a constitution”, lamenting that the constitutional order he swore to protect “is no more”. Describing the amendment as a fundamental blow to judicial independence, he wrote that what remains of the Constitution is “a mere shadow”.
Earlier in the day, President Zardari signed the amendment into law. Law Minister Azam Nazeer Tarar later introduced related changes to the Practice and Procedure Rules, which were passed by the National Assembly. He said the amendments align judicial procedures with the 27th Amendment and end the functioning of Constitutional Benches. The prime minister will now forward recommendations for the appointment of the Chief Justice of the new Federal Constitutional Court.
The new law also revises powers related to top military appointments. The President will appoint the Army Chief and Chief of Defence Force on the prime minister’s advice, while the term of the Chairman Joint Chiefs of Staff Committee is set to end on November 27, 2025. The Army Chief, who will also serve as Chief of Defence Forces, will appoint the head of the National Strategic Command in consultation with the prime minister. The head of the command will be from the Pakistan Army.
The legislation further enables the government to elevate military officers to the ranks of Field Marshal, Marshal of the Air Force and Admiral of the Fleet, with Field Marshals retaining their rank and privileges for life.
