Pakistan: Attempts to bulldoze spirit of constitution, compromise independence of judiciary

Islamabad, May 1 The 26th and 27th Amendments have "ended" the concept of constitutional supremacy in Pakistan with the creation of the Federal Constitutional Court (FCC) being seen by many as the formation of a parallel judicial body to end the constitutional jurisdiction of the Supreme Court, local media reckons.

After the passage of the 26th and 27th Amendments in 2024 and 2025 respectively, jurists and members of the legal community in Pakistan have discussed how these changes have impacted the constitutional structure of the nation, an editorial in Pakistan's leading daily Dawn mentioned. The amendments, it said, have raised questions over the establishment of the FCC, as a judicial body above the Supreme Court and the new powers related to the transfer of High Court judges.

"In fact, just yesterday, three judges of the Islamabad High Court were transferred to different provincial High Courts by a majority decision of the Judicial Commission of Pakistan. As many of the country’s top legal minds observed at a convention held in Karachi recently, the latest amendments have 'ended' the concept of constitutional supremacy. The state must listen to this criticism instead of brushing it aside, and address the genuine complaints of constitutional experts," the Dawn editorial mentioned on Wednesday.

The transfer of High Court judges received criticism with Chief Justice of Pakistan, Yahya Afridi, opposing the decision. A few days back, Afridi stated that transferring the IHC judges “could assume a punitive character” and would set a “dangerous precedent”. Speakers at the lawyers' convention also expressed similar concerns, saying that the judges were being transferred for exposing "intervention" in the judicial system.

"In light of these facts, it is essential that the judiciary as well as the executive move to remove these misgivings. The best way to go about it would be to maintain transparency regarding the attempts to restructure the judiciary. As one speaker at the convention pointed out, the hearing of petitions against the 26th and 27th Amendments should be telecast live. The state must remember that if changes that alter the spirit of the Constitution are bulldozed, and the independence of the judiciary is compromised, it will be very difficult to reverse these moves," the Dawn opined.

Earlier in January, human rights group Amnesty International termed the 27th Constitutional Amendment in Pakistan as "significant regression" and "part of a direct and sustained assault on judicial independence." It also urged the Pakistani authorities to take all measures to protect the impartiality, independence and safety of judges, ensuring that they can carry out their judicial functions without any inappropriate or unwarranted interference.

"The 27th amendment to the Constitution, passed in November 2025, marks a significant regression and is part of a direct and sustained assault on judicial independence, right to fair trial and the rule of law in Pakistan. The amendment violates international human rights law, particularly undermining the independence of the judiciary and shielding officials from accountability through the provision of lifetime immunity," read a statement issued by the Amnesty International South Asia Regional Office on X.

"Amnesty calls for an urgent review of the constitutional amendment and urges Pakistani authorities to immediately take all necessary measures to safeguard the impartiality, independence and safety of judges, ensuring that they can carry out their judicial functions without any inappropriate or unwarranted interference. Pakistani authorities must uphold their international human rights obligations, guarantee access to justice and effective remedies, and respect the separation of powers and the rule of law," it added.

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