London [UK], January 6: Amnesty International has raised serious concerns over Pakistan’s Twenty-Seventh Constitutional Amendment, warning that it poses a grave threat to judicial independence and the rule of law in the country.
In a statement issued on Monday, Amnesty said the amendment undermines judicial autonomy by establishing a Federal Constitutional Court that lacks adequate safeguards to ensure independence. The organisation warned that the new framework weakens judges’ security of tenure and shields the president, along with the heads of the armed forces, navy, and air force, from accountability.
Amnesty also criticised the manner in which the amendment was passed, stating that it was rushed through parliament without meaningful consultation with civil society or opposition parties. The speed and secrecy surrounding the process, the organisation said, reflect a broader pattern of democratic backsliding. “Despite its far-reaching consequences, the amendment was steamrolled through parliament,” Amnesty noted, adding that the absence of proper debate raises serious rule-of-law concerns.
Highlighting the immediate reaction within the judiciary, Amnesty pointed out that two senior Supreme Court judges resigned on the very day the amendment became law. A Lahore High Court judge followed with his resignation two days later, which Amnesty described as a clear signal of institutional alarm.
The human rights group further warned that the amendment expands executive influence over judicial appointments by granting the president and prime minister the authority to appoint the first chief justice and initial judges of the Federal Constitutional Court. According to Amnesty, this move further erodes judicial independence, which had already been weakened by the Twenty-Sixth Constitutional Amendment passed in October 2024.
Referring to the earlier amendment, Amnesty recalled that it altered the composition of the Judicial Commission of Pakistan by including members of parliament, thereby reducing judges to a minority within the body responsible for judicial appointments. The organisation cited concerns raised by the International Commission of Jurists and the UN Human Rights Committee, both of which warned that these changes risk politicising judicial appointments and undermining independence.
Amnesty also criticised the expanded powers granted to the Supreme Judicial Council to remove judges on grounds of “inefficiency,” arguing that such vague criteria could be misused to pressure or intimidate the judiciary. The organisation said these cumulative changes—including the replacement of the Supreme Court’s Constitutional Bench with a separate Federal Constitutional Court—represent a systematic restructuring that concentrates power in the hands of the executive.
Amnesty concluded by urging Pakistani authorities to reverse measures that weaken judicial independence and to ensure that any constitutional reforms are undertaken transparently, with broad consultation and in line with international human rights standards.
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