Two senior judges of Pakistan’s Supreme Court resigned after openly rejecting the newly approved 27th Constitutional Amendment. President Asif Ali Zardari accepted the resignations of Justices Mansoor Ali Shah and Athar Minallah on Friday. Both judges sent their resignation letters soon after the amendment became law and called the move “undemocratic”.
The two judges described the amendment as a “grave assault on the Constitution of Pakistan”. However, the federal government dismissed these claims, calling the resignation letters “political speeches” and saying the accusations were “unconstitutional”.
Justice Mansoor Ali Shah detailed his concerns in a 13-page letter. He described the amendment as an “assault on the Constitution that dismantles the Supreme Court, compromises judicial independence and weakens the country’s constitutional democracy.” His letter came a day after the National Assembly rushed the bill through despite heavy resistance.
What the Pakistan Constitution Amendment Changes
The 27th Amendment focuses on reorganising Pakistan’s judicial structure. It updates the framework of the newly formed Federal Constitutional Court (FCC) and clarifies the titles and ranking of top judges.
Lawmakers removed several clauses from the earlier Senate-approved draft. Those provisions had aimed to change rules related to oaths for key constitutional offices.
One of the major changes appears in Clause 23, which amends Article 176. It adds a new line saying that the “incumbent Chief Justice shall continue to be known as the Chief Justice of Pakistan during his term in office”. This ensures the current chief justice keeps his title regardless of structural changes.
Another important update is under Clause 56. It defines the “Chief Justice of Pakistan” as “the senior among the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court”. This creates a clear hierarchy between the FCC and the Supreme Court.
Why the Pakistani Judges Objected
Justice Shah argued that the amendment was passed “without debate or consultation”. He said the changes create an FCC that sits above the Supreme Court and puts the judiciary under executive control. According to him, the move leaves the Supreme Court “truncated and diminished”.
He wrote that he cannot remain part of a court “stripped of its constitutional authority”. Continuing in such a system, he said, would mean accepting a grave constitutional mistake. He added that the optimism he felt after the 26th Amendment had now “been extinguished”.
Both judges warned that these developments threaten judicial independence. They said the changes mark “the beginning of the end” for a free judiciary and could push the country into a crisis where the legal system loses its moral direction.
Justice Minallah echoed similar concerns. In his resignation letter, he argued that the Constitution he swore to protect “no longer exists” and survives only as a “shadow” without its true spirit. He wrote that he had raised warnings with the chief justice before the bill passed, but those concerns were ignored through “silence and inaction”.
Justice Minallah said staying in office would violate his oath and dishonour Pakistan’s constitutional legacy.