ISLAMABAD, Nov 12: Former chief justice Jawwad S. Khawaja on Tuesday moved the Supreme Court (SC), challenging the recently passed 27th Constitutional Amendment, contending that it threatens to curtail the apex court’s constitutional jurisdiction and undermine the independence of the judiciary.
Filed through Advocate Khwaja Ahmad Hosain, the petition urges the SC to declare that it retains exclusive authority to determine the legality and constitutionality of any amendment to the Constitution. It seeks to strike down or suspend provisions of the 27th Amendment or any law that limits or transfers the SC’s jurisdiction to any other court or body.
Ex-CJ argues that certain constitutional commands can’t be altered in a way that destroys their essence. https://t.co/RR0LWCD5Hg
— Dawn.com (@dawn_com) November 12, 2025
Justice Khawaja also requested the court to set aside clauses related to the transfer of high court judges, terming them unconstitutional. The former chief justice said he had no personal interest in the matter but filed the petition to safeguard the Constitution and the fundamental rights of citizens.
He argued that the constitutional jurisdiction of the Supreme Court is a cornerstone of Pakistan’s 1973 Constitution and that any attempt to diminish it would erode the foundation of the country’s constitutional order. The petition stressed that the independence of the judiciary, guaranteed under the Constitution, cannot be compromised by parliamentary action, even through an amendment.
“The independence and jurisdiction of the Supreme Court are constitutional commands,” the petition stated, asserting that parliamentarians act as fiduciaries of the people and cannot legislate in a manner that violates these principles.
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Justice Khawaja maintained that the framers of the Constitution deliberately enshrined the SC’s authority to ensure judicial independence and continuity of constitutional governance. Any move to reduce its powers, he said, would threaten the balance among the three branches of government.
He urged the apex court to hear the petition on an urgent basis, warning that the amendment, if enforced, could effectively abolish the SC’s role as a constitutional court.
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