Ex-legal ‘giants’ urge chief justice of Pakistan to summon full court meeting over 27th Amendment

• Retired superior courts judges say new Federal Constitutional Court threatens SC’s dominance
• Fearing proposed amendments set to redefine judiciary’s power and independence, calling for transparency and swift judicial response

ISLAMABAD: As the government advances toward the passage of the controversial 27th Constitutional Amendment, a coalition of senior judges and top legal experts has formally urged the Chief Justice of Pakistan (CJP), Yahya Afridi, to convene a full court session to deliberate on the legislation’s implications.

This call was articulated in a letter dated November 9 and penned by senior counsel Faisal Siddiqi, the letter was also endorsed by former Supreme Court senior puisne judge retired Justice Mushir Alam, ex-Sindh High Court judge retired Justice Nadeem Akhtar, along with nine other prominent legal figures.

The letter begins by emphasizing the unprecedented gravity of the moment, stating that, “we are witnessing the greatest threat to the Supreme Court of Pakistan since its establishment in 1956.” It describes the proposed 27th Amendment Act as “the most radical restructuring of the Federal Appellate Court system since the enactment of the Government of India Act, 1935.”

The authors assert with conviction that “no civilian or military government in Pakistan’s history has attempted—and failed—to subordinate the Supreme Court or strip it of its constitutional jurisdiction as is being attempted through this legislation.” They argue that the amendment represents “a fundamental and radical overhaul of the Supreme Court’s essence, structure, and constitutional obligations to uphold justice.”

Urging the CJP to act decisively, the letter requests the convening of a full court session to examine and respond to the proposed amendment before its anticipated passage, which is imminent—expected by November 11 or shortly thereafter.

The legal experts further state that the Supreme Court possesses the authority and responsibility to provide constructive input to the legislative process, especially given the legislative’s profound impact on judicial independence. They highlight that the legislation fundamentally threatens the Court’s integrity by attempting to redefine its constitutional role and power.

The letter underscores the importance of transparency and accountability, calling for this critical discussion to be made public by releasing a copy of the communication to the media, given the matter’s significance for public interest.

Signatories include prominent figures such as retired judges Alam and Akhtar, former Attorneys General Muneer A. Malik and Anwar Mansoor Khan, former Presidents of the Supreme Court Bar Association (SCBA), Abid Shahid Zuberi, Ali Ahmad Kurd, Muhammad Akram Sheikh, and Kanrani B. Amanullah, as well as senior advocates Khwaja Ahmad Hosain, Salahuddin Ahmed, and Shabnam Nawaz Awan.

Notably, Zuberi, Sheikh, and Salahuddin previously challenged the 26th Amendment—an initiative that faced extensive opposition from the legal fraternity. Malik and Hosain recently argued the 26th Amendment case in court, representing the Balochistan High Court Bar Association and veteran politician Afrasiab Khattak, respectively.

Reforming the Judiciary: Key Points of the Proposed 27th Amendment

Following approval by the federal cabinet, the Constitution (Twenty-Seventh Amendment) Act, 2025, was tabled in the Senate amidst mounting opposition over the scale and pace of changes. The Senate is expected to pass the legislation and forward it to the National Assembly.

The amendments include significant reforms, most notably the creation of a Federal Constitutional Court (FCC)—a new apex court with exclusive authority to rule on constitutional matters. Its decisions would be binding across all courts, including the Supreme Court, marking a profound shift in the judiciary’s structure and raising concerns that the SC may no longer serve as the country’s highest judicial authority.

The establishment of the FCC builds upon the constitutional benches formed under the 26th Amendment, which remains challenged before the Supreme Court. Even before parliamentary approval, the government has initiated the restructuring, shortlisting seven judges to be appointed to the FCC, with Justice Aminuddin Khan, currently heading the Supreme Court’s Constitutional Bench, considered the likely first Chief Justice of the new court.

Other prominent judicial figures being discussed for the FCC include Justices Syed Hasan Azhar Rizvi, Musarrat Hilali, Aamer Farooq, Ali Baqar Najafi of the Supreme Court; Justice K.K. Agha of the Sindh High Court; and Chief Justice Rozi Khan Barrech of Balochistan High Court.

The initial strength of the FCC will be decided via Presidential Order, with any future increases requiring legislation. The court will have its own Chief Justice, appointed for a fixed three-year term, and judges with appointment criteria extending to Supreme Court, high court judges with at least seven years of experience, or senior advocates with over two decades of practice.

The retirement age for FCC judges will be 68, compared to the current 65 for Supreme Court judges. The amendment also grants the President authority, on the recommendation of the Judicial Commission, to transfer