The Pakistani government’s proposed 27th Amendment has sparked intense debate in Islamabad, with legal experts warning it could fundamentally reshape the country’s judiciary. The amendment proposes the creation of a Federal Constitutional Court (FCC) with sweeping powers over the Supreme Court (SC) and all lower courts, including authority over constitutional disputes, fundamental rights, and writ petitions. Critics argue that these changes would effectively place the judiciary under executive control.
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Under the amendment, the FCC would have its own chief justice and judges appointed from the SC, high courts, or senior advocates. High court judges could be transferred to other courts on the president’s recommendation, with refusal deemed as retirement. The SC would be downgraded to an appellate court for civil and criminal cases, while FCC decisions would be binding on all courts, including the SC. Legal experts argue that this undermines the independence of the judiciary and concentrates power in the executive branch.
Lawyers have expressed deep concern about the implications. Abdul Moiz Jaferii described the amendment as resembling measures seen in “tinpot dictatorships,” warning that it alters Pakistan’s social contract. Basil Nabi Malik said the 27th Amendment is the “funeral” of judicial independence, noting that judges could be coerced into consent for transfers or appointments, while Mirza Moiz Baig called it a greater blow to the Constitution than previous dictatorial amendments.
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Rida Hosain highlighted that the first Chief Justice of the FCC would be appointed by the president on the prime minister’s advice, leaving “not even a semblance of independence.” She warned that the amendment could be used to intimidate, punish, or purge judges, effectively turning the judiciary into an arm of the executive. The legal fraternity has urged greater scrutiny, arguing that the 27th Amendment may fundamentally weaken the rule of law in Pakistan.
As the debate intensifies, many lawyers contend that the amendment’s passage could blur the lines between the executive and judiciary, raising concerns about the future of democratic governance and the protection of citizens’ rights in Pakistan.
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