14 Nov 2025, Fri

‘Judicial independence and integrity paralyzed, country pushed back decades’, 2 senior judges of PAK Supreme Court resign

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Two senior judges of the Supreme Court of Pakistan resigned on Thursday (13 November) in protest against the 27th constitutional amendment. They allege that this amendment weakens the Constitution of Pakistan and is going to destroy the independence of the judiciary. Let us tell you that just a few hours after Pakistan President Asif Ali Zardari approved the controversial 27th Constitution Amendment, Justice Mansoor Ali Shah and Athar Minallah resigned from their posts.

This amendment was the final step towards making the law after being passed by both houses of the Pakistani Parliament. Under the amended law, a Federal Constitutional Court will be formed in Pakistan, which will hear constitutional cases. The existing Supreme Court will be limited to civil and criminal cases only.

What did Mansoor Ali Shah write in his resignation letter?
Justice Mansoor Ali Shah wrote in his resignation letter that this amendment is a serious attack on the Constitution of Pakistan. This ends the powers of the Supreme Court. Brings the judiciary under the executive and attacks the roots of constitutional democracy. By breaking the unity of the Supreme Court of the country, this amendment has crippled judicial independence and integrity and set the country back decades.. This subversion of the constitutional order will not last long and will be reversed with time, but by then it will leave deep wounds on this institution.

He said that continuing in office would not only be tantamount to tacitly accepting a constitutional mistake, but would also mean sitting in a court whose constitutional voice has been suppressed. I cannot protect the Constitution while serving in such a weak court.

What reason did Justice Minallah give for his resignation?
Justice Minallah wrote in his resignation letter that before the passage of the 27th Amendment, I had written a letter to the Chief Justice of Pakistan expressing my concern over what its proposed provisions would mean for our constitutional system. Amidst their silence, those apprehensions have now been proven true. The Constitution I had sworn to protect is no more. There can be no greater attack on its memory than the fact that the foundation of the 27th Constitutional Amendment rests on the grave of the Constitution which I had sworn to uphold. Now that Constitution is no more. In the new system, for me, wearing the attire of a judge has now become a symbol of betrayal, hence I cannot continue in this post.

What changes will happen with the 27th constitutional amendment?
The Army Chief and Chief of Defense Force will be appointed by the President on the advice of the Prime Minister. The post of Chairman Joint Chiefs of Staff Committee will expire on 27 November 2025. The head of the National Strategic Command will be from the Pakistan Army. Posts like Field Marshal, Marshal of the Air Force, Admiral of the Fleet will be for life. Experts say that this amendment is the biggest attack on the independence of the judiciary.

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