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Pakistan: Citizens paid price every time judicial independence has been compromised

By IANS | Updated: January 8, 2026 17:35 IST

Islamabad, Jan 8 Human rights group Amnesty International's call for a review of the 27th amendment is a ...

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Islamabad, Jan 8 Human rights group Amnesty International's call for a review of the 27th amendment is a reminder that constitutional legitimacy flows from restraint and not concentration of power, an editorial in Pakistan's leading daily The Express Tribune has mentioned. The rule of law, it states, becomes conditional if judicial freedom is reduced and a conditional rule of law is no rule at all.

"Amnesty International's warning — that the amendment constitutes a sustained assault on judicial independence and the right to a fair trial — should therefore be taken with the seriousness it deserves. The establishment of a Federal Constitutional Court (FCC) sits at the centre of these concerns.

It mentioned that constitutional law relies on continuity and precedent.

"Severing that continuity invites legal uncertainty and inconsistent interpretation of the law — hardly the hallmarks of a functioning justice system. The appointment of its chief justice and judges by the President, acting on the advice of the PM and bypassing the Judicial Commission of Pakistan, strikes directly at the principle of separation of powers," the editorial added.

The trust of people in fair decision-making inevitably declines whenever appointments are politically influenced, the daily opined on the controversial amendment.

"Pakistan's constitutional history offers sobering lessons. Each time judicial independence has been compromised in the name of expediency, it has been the citizen who has paid the price. Amnesty International's call for an urgent review of the 27th amendment is a reminder that constitutional legitimacy flows from restraint, not concentration of power. If judicial freedom is curtailed, the rule of law becomes conditional — and a conditional rule of law is no rule at all," it stated.

Earlier this week, Amnesty International termed the 27th Constitutional Amendment in Pakistan as "significant regression" and "part of a direct and sustained assault on judicial independence." It 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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