Post by : Rameen Ariff

In a remarkable turn of events, two prominent judges from Pakistan’s Supreme Court announced their resignations on Thursday, expressing profound concerns regarding the 27th Constitutional Amendment. They argue that this amendment significantly undermines judicial independence and dismantles the Supreme Court’s constitutional powers.

The resignations of Justice Athar Minallah and Justice Syed Mansoor Ali Shah come as they confront the introduction of a Federal Constitutional Court (FCC), which will have authority over constitutional disputes and fundamental rights, superseding the Supreme Court. This shifts pending cases and appeals to the FCC, effectively removing the Supreme Court's suo motu authority and diminishing its stature as the highest judicial entity in the nation.

In his resignation letter, Justice Minallah labeled the amendment a breach of judicial responsibility, emphasizing that the Supreme Court is no longer the protector of the Constitution. “These robes represent a profound commitment. They are a tangible reminder of the immense trust placed upon us... It is with regret that I now hang them up for the final time,” he expressed.

Meanwhile, Justice Shah elaborated in his detailed resignation on the dangers posed to judicial independence by this amendment. He criticized the Chief Justice for not standing against these changes and claimed the FCC was established not from constitutional rationale but for political reasons. He warned that the amendment has “captured the judiciary, hollowed out the Supreme Court of Pakistan, and substituted principled justice with a court driven by power.”

The two judges emphasized that any continuation in the diminished Supreme Court would equate to acceptance of the judiciary’s weakening. Justice Shah noted that the 27th Amendment, along with the previous 26th, signifies a disturbing decline in the safeguarding of judicial autonomy, pointing out, “The light of judicial independence is dimmed not by chance but by design.”

These resignations mark a significant juncture in Pakistan's political and judicial landscape, raising alarms about the judiciary's independence and the state's power equilibrium. Analysts observe that these developments exemplify the rising tensions between the government and judiciary over constitutional authority and necessary checks and balances.

As the FCC prepares to take its place above the Supreme Court, legal scholars caution that this reform may have enduring effects on the interpretation of constitutional law and the separation of powers in Pakistan.

The exits of Justices Minallah and Shah signal a critical moment for the Supreme Court, indicating resistance against political intrusion and serving as a warning about the future landscape of judicial freedom in the nation.

#Global