‘Grave assault on constitution’: Two Pakistan Supreme Court judges quit over 27th Amendment

President Asif Ali Zardari on Friday formally accepted the resignations of Justice Mansoor Ali Shah and Justice Athar Minallah, both of whom submitted detailed letters outlining why they believed the amendment undermines the country’s constitutional order.

The judges tendered their resignations soon after Parliament approved the amendment.

In their letters, they argued that the 27th Amendment represents a “grave assault on the Constitution of Pakistan”, while the federal government dismissed their objections as “political speeches” and labelled their criticism “unconstitutional”.

Why the judges resigned?

Justice Mansoor Ali Shah, in a 13-page resignation letter, warned that the amendment dismantles key pillars of constitutional governance.

He wrote that the new law weakens the Supreme Court, compromises judicial autonomy, and erodes Pakistan’s constitutional democracy.

His resignation came a day after the National Assembly passed the amendment, which redraws the higher judiciary’s structure even amid strong dissent.

Justice Shah said the changes were pushed through without public debate or institutional consultation, creating an overarching Federal Constitutional Court (FCC) that effectively supersedes the Supreme Court.

According to him, the move places judicial power under executive influence and leaves the apex court “truncated and diminished”. Continuing in such a system, he wrote, would amount to endorsing a “constitutional wrong”.

Justice Athar Minallah expressed similar concerns.

In his resignation letter, he stated that the Constitution he swore to protect “no longer exists in its true form’’, surviving only as a shell without its spirit.

He said he had cautioned the Chief Justice before the amendment’s passage, but watched his concerns materialise amid “silence and inaction”.

Continuing in office, he said, would betray the oath he took and dishonour the legacy of Pakistan’s constitutional framework.

Both judges warned that the amendment marks “the beginning of the end” for judicial independence, stressing that a nation loses its moral direction when courts operate under constraints.

What the 27th Constitutional Amendment changes?

The 27th Amendment introduces significant reforms to Pakistan’s higher judiciary, particularly concerning the newly formed Federal Constitutional Court.

Redefined Judicial Hierarchy

The amendment clarifies the structure and ranking of top judges. Under Clause 56, the “Chief Justice of Pakistan” is now defined as the most senior among the Chief Justice of the FCC and the Chief Justice of the Supreme Court—formally establishing a hierarchy between the two judicial bodies.

Preservation of the Current Chief Justice’s Title

Clause 23 amends Article 176, adding a proviso that the incumbent Chief Justice will continue to hold the title “Chief Justice of Pakistan’’ for the duration of his term, regardless of the broader restructuring.

Removal of Certain Senate-Approved Clauses

Several provisions initially approved by the Senate—particularly those involving oath-related changes for constitutional office holders—were dropped in the final version enacted into law.

These alterations collectively reshape the judicial command structure and elevate the role of the FCC, triggering concerns that the Supreme Court’s authority has been diluted.

Deepening constitutional standoff

The dual resignations have intensified an already heated debate over Pakistan’s evolving judicial landscape.

While the government insists the 27th Amendment strengthens judicial efficiency, the departing justices argue it places the judiciary under executive sway and sidelines the Supreme Court’s constitutional status.

As the controversy unfolds, the amendment has ignited a broader national conversation about the future of judicial independence and Pakistan’s constitutional trajectory.