Two judges of Pakistan’s Supreme Court resigned just hours after the 27th Constitutional Amendment became law, calling it a “grave assault” on the Constitution. The amendment creates a government-appointed Federal Constitutional Court, raising fears of weakened judicial independence.
Two judges from Pakistan’s Supreme Court tendered their resignations in protest against the 27th constitutional amendment mere hours after it was signed into law on Thursday.
They characterized the new changes as a “grave assault” on the constitution.
The 27th constitutional amendment aims to establish a Federal Constitutional Court (FCC) to handle cases related to Pakistan’s constitution, shifting this responsibility away from the Supreme Court. Critics argue that the appointment of the FCC’s judges by the government undermines the judiciary’s independence.
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The government claims the FCC will alleviate the judicial backlog and facilitate quicker justice for the public.
Following the signing of the amendment by President Asif Ali Zardari, Justice Athar Minallah and Justice Mansoor Ali Shah resigned from their positions.
Justice Shah stated in his resignation letter to the president,
“The Twenty-Seventh Constitutional Amendment stands as a grave assault on the Constitution of Pakistan. It dismantles the Supreme Court of Pakistan, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy, making justice more distant, more fragile, and more vulnerable to power.”
He further remarked that remaining in his position would equate to “silent acquiescence in a constitutional wrong” and would mean serving in a court whose constitutional voice “has been muted.”
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He noted that while the Supreme Court retained the jurisdiction to address constitutional questions under the 26th constitutional amendment, the current amendment has “stripped this court of that fundamental and critical jurisdiction and authority.”
He expressed,
“Serving in such a truncated and diminished court, I cannot protect the constitution, nor can I even judicially examine the amendment that has disfigured it.”
Justice Minallah, in his resignation letter, mentioned that prior to the passage of the 27th constitutional amendment, he had communicated his concerns to the chief justice regarding its potential implications for Pakistan’s constitutional framework.
He stated,
“I need not reproduce the detailed contents of that letter, but suffice it to say that, against a canvas of selective silence and inaction, those fears have now come to be.”
He concluded with,
“The Constitution that I swore an oath to uphold and defend is no more.”
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The amendments also introduce changes to the military’s structure, promoting Pakistan’s Army Chief General Syed Asim Munir to the role of Chief of Defense Forces. This elevation grants him oversight of the navy and air force, in addition to the army.
Despite having directly ruled for over 30 years, Pakistan’s military continues to exert significant influence behind the scenes while denying any interference in political affairs.