KARACHI: The Sindh High Court (SHC) on Thursday issued notices to the federal ministries of law and justice and parliamentary affairs on two identical petitions challenging the constitutionality of the 27th Amendment. The petitions claim that the amendment undermines judicial independence, the principle of separation of powers, and the rule of law.
The petitions, filed by lawyers Asif Waheed and Abdul Ahad Ahmar Khan, were heard by a two-judge constitutional bench comprising Justice Adnan Iqbal Chaudhry and Justice Muhammad Jaffer Raza. The bench also put a federal law officer on notice for Dec 18.
The petitioners contended that the amendment creates a parallel judicial structure and subordinates the Supreme Court, disrupting continuity in constitutional interpretation and institutional development. They argued that such structural compromises threaten fairness in judicial proceedings and infringe on the core principles of the rule of law.
Highlighting increased executive influence, the lawyers claimed that the amendment allows greater interference in the appointment of judges to superior courts, including the Federal Constitutional Court and the Supreme Court, which undermines judicial impartiality. They also criticised provisions enabling the forced retirement of judges who decline to assume the position of chief justice, describing it as a form of “constructive removal” contrary to judicial independence.
A two-judge constitutional bench of the SHC also put a federal law officer on notice for Dec 18.https://t.co/LA2zYUDilm
— Dawn.com (@dawn_com) November 21, 2025
The petitioners further argued that transferring high court judges under the executive-dominated Judicial Commission of Pakistan and reallocating jurisdiction would destabilise decades of constitutional jurisprudence. They also raised concerns about a permanent immunity clause for the President from arrest and civil or criminal proceedings, asserting that it infringes Articles 4, 10A, and 25 of the Constitution.
You May Also Like: Anti-Encroachment Operation Clears Bahawalpur’s Baghdad Road
Counsel for the petitioners emphasised the judiciary’s fundamental role in checking executive overreach, safeguarding human rights, and curbing corruption. They urged the court to strike down the amendment for being unconstitutional and inconsistent with the basic structure and salient features of the Constitution.
After the preliminary hearing, the SHC directed the federal ministries and the federal law officer to submit their comments on the petitions by the next hearing date.
The petitions mark the latest legal challenge to the 27th Amendment, which has sparked debate within Pakistan’s legal community regarding the balance of power between the executive and judiciary.
Check out our latest video:
