Amnesty warns Pakistan's 27th constitutional amendment threatens judicial independence

London [UK], January 6 : Amnesty International on Monday raised serious concerns over Pakistan's Twenty-Seventh Constitutional Amendment, warning that it poses a "grave threat" to the independence of the judiciary and the rule of law in the country.

In a statement, Amnesty said the amendment undermines judicial autonomy by establishing a Federal Constitutional Court that lacks sufficient safeguards for independence. The organisation said the new court weakens judges' security of tenure and shields the president as well as the heads of the armed, naval, and air forces from accountability.

Amnesty noted that the amendment was rushed through parliament without meaningful consultation with civil society or opposition parties. According to the organisation, the speed and secrecy of the process reflect a broader pattern of weakening democratic institutions. "Despite its far-reaching consequences, the amendment was steamrolled through parliament," Amnesty said, adding that the lack of debate raised serious rule-of-law concerns.

The human rights group also highlighted the immediate backlash within the judiciary. Amnesty pointed out that two senior Supreme Court judges resigned on the day the amendment became law, followed by the resignation of a Lahore High Court judge two days later, describing these resignations as a clear sign of institutional alarm.

Amnesty further said the amendment expands executive influence over judicial appointments by giving the president and prime minister the power to appoint the first chief justice and initial judges of the Federal Constitutional Court. In Amnesty's view, this move "further erodes judicial independence," which had already been weakened by the Twenty-Sixth Constitutional Amendment passed in October 2024.

Referring to that earlier amendment, Amnesty recalled that it altered the composition of the Judicial Commission of Pakistan by adding members of parliament, thereby reducing judges to a minority within the body responsible for judicial appointments. Amnesty cited concerns from the International Commission of Jurists and the UN Human Rights Committee, which had warned that these changes risk politicising judicial appointments and undermining independence.

The organisation also criticised expanded powers granted to the Supreme Judicial Council to remove judges for "inefficiency," saying such vague grounds could be misused to pressure the judiciary. Amnesty said these cumulative changes, including the replacement of the Supreme Court's Constitutional Bench with a separate Federal Constitutional Court, represent a systematic restructuring that concentrates power in the executive's hands.

Amnesty concluded by urging Pakistani authorities to reverse measures that weaken judicial independence and to ensure that any constitutional reforms are carried out transparently, with broad consultation and in line with international human rights standards.

Disclaimer: This post has been auto-published from an agency feed without any modifications to the text and has not been reviewed by an editor