ISLAMABAD: Amnesty International has sounded the alarm over Pakistan’s 27th Constitutional Amendment, warning that it poses a grave threat to judicial independence and entrenches executive control over the courts while shielding key state officials from accountability.
In a statement issued a day earlier, the rights organisation said the amendment further weakens an already fragile judiciary by creating a Federal Constitutional Court that lacks independence and erodes judges’ security of tenure.
Amnesty noted that despite its far-reaching implications, the amendment was rushed through parliament without meaningful consultation with civil society or opposition parties.
The organisation pointed to the resignation of two senior Supreme Court judges on November 13, 2025 — the day the amendment became law — followed by the resignation of a Lahore High Court judge two days later. Amnesty described these developments as part of a sustained pattern of attacks on judicial independence in the country.
According to the statement, the 27th Amendment builds on changes introduced under the 26th Constitutional Amendment in October 2024, which altered the composition of the Judicial Commission of Pakistan by increasing parliamentary representation. International bodies, including the UN Human Rights Committee, have previously cautioned that these changes risk politicising judicial appointments.
The rights group said the new amendment allows the president, acting on the advice of the prime minister, to appoint the first chief justice and judges of the Federal Constitutional Court, bypassing established judicial appointment mechanisms. Amnesty warned that this opens the door to direct political interference.
It added that decisions of the new court will be binding on all other courts, including the Supreme Court, while the Federal Constitutional Court itself will not be bound by past Supreme Court judgments.
Amnesty also expressed concern over the transfer of the Supreme Court’s original and advisory jurisdiction — including cases related to constitutional interpretation and fundamental rights — to the new court. The shift of powers to review bans on political parties was flagged as particularly troubling amid repeated government statements about banning the opposition Pakistan Tehreek-e-Insaf (PTI).
The organisation further criticised provisions allowing the president to transfer high court judges without their consent, warning that such transfers could be used punitively against judges who issue unfavourable rulings. Judges who refuse transfers now face suspension and possible removal.
Concluding its statement, Amnesty said the amendment represents the culmination of a concerted assault on judicial independence and called for an urgent review of the law. It urged the authorities to safeguard judicial impartiality, uphold the separation of powers and ensure accountability in line with international human rights standards.
