ISLAMABAD: The government’s proposed 27th Constitutional Amendment has triggered widespread alarm within Pakistan’s legal community, which has described the move as a “direct assault” on the independence of the judiciary and the constitutional balance of power.
The amendment, tabled shortly after the contentious 26th Amendment, seeks to create a new Federal Constitutional Court (FCC), which would assume many of the Supreme Court’s (SC) key constitutional powers. Under the proposal, the FCC’s rulings would be binding on all courts, including the SC, which would be restricted to civil and criminal appeals.
According to the draft, the FCC would comprise its own chief justice and judges, appointed from among SC judges, senior high court judges, or advocates with at least 20 years of experience. The first Chief Justice of the FCC would be appointed by the president in consultation with the prime minister, while other judges would also be selected by the president on the prime minister’s advice — a provision critics say erodes judicial independence.
The amendment further authorises the transfer of high court judges on the Judicial Commission’s recommendation, with refusal deemed as retirement — a clause the legal fraternity considers coercive.
How fitting that the 27th Amendment has abolished the post of Chief Justice of Pakistan.
There will now be something called a ‘Chief Justice of the Federal Constitutional Court’, and a ‘Chief Justice of the Supreme Court’.
‘Pakistan’ 🇵🇰 has been deleted line after line.
— Asad Rahim Khan (@AsadRahim) November 8, 2025
Lawyer Basil Nabi Malik termed the proposal “the funeral of judicial independence,” arguing it “forces judges into submission” and expands executive control over judicial affairs. Mirza Moiz Baig said the amendment “spells the final death knell” of an independent judiciary, allowing the executive to “handpick judges” for the new court.
Similarly, Rida Hosain called it “a tool to intimidate, punish, and purge independent judges,” while Ahmad Maudood Ausaf described it as “a retreat from judicial autonomy,” warning that it would “fold the judiciary neatly into the hands of those it was meant to hold accountable.”
Legal experts fear that the FCC’s creation will blur the boundaries between state institutions, invite jurisdictional conflicts, and undermine citizens’ right to an impartial forum for constitutional protection.
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“The amendment trades independence for influence, merit for loyalty, and justice for convenience,” Ausaf warned.
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