27th Amendment part of ‘sustained attack’ on judicial independence, says Amnesty

ISLAMABAD: Amnesty International on Tuesday said that the 27th Constitutional Amendment represents the “crescendo of a concerted and sustained attack” on judicial independence, the right to a fair trial, and the rule of law in Pakistan, urging the authorities to review the legislation.

In its latest report, the human rights group observed that the amendment violates international human rights law, particularly undermining the independence of the judiciary, the right to fair trial, justice, and accountability. The organization demanded a review of the law to ensure that all its provisions fully comply with Pakistan’s international human rights law obligations and commitments.

According to the report, the amendment ensured the establishment of the Federal Constitutional Court (FCC), which lacks independence, erodes judges’ security of tenure, and “insulates the president and heads of the naval, armed, and air forces from accountability.”

Despite its far-reaching consequences, the amendment was “steamrolled through Parliament” with no consultation with civil society and opposition parties, the human rights body observed.

The amendment erodes judicial independence – already weakened by the 26th constitutional amendment – by granting the president and prime minister authority to appoint the first chief justice and initial judges of the FCC, increasing executive influence over the judiciary, the report observed.

The report added that the composition of the Judicial Commission of Pakistan (JCP) — the body responsible for the appointment of judges of the Supreme and high courts — was changed under the 26th Amendment. Members of Parliament were added to the commission and judicial members were reduced to a minority, the statement said, adding that the “change in composition to include the legislature of the JCP risks “politicisation” of the appointment of judges.

In March 2024, six judges of the Islamabad High Court wrote an open letter addressed to the then chief justice of the Supreme Court detailing intimidation by the establishment, the abduction of family members of judges, and surveillance in the judges’ private homes as tactics to pressurise them regarding ongoing cases, particularly those related to the former prime minister Imran Khan.

The amendment became law on 13th November after being passed by a two-thirds majority in the National Assembly and assented to the president on the same day, the report stated. This was five days after a draft of the constitutional amendment was introduced as a bill in the Senate. The UN High Commissioner for Human Rights Volker Turk referred to the amendment as “hastily adopted” and “without broad consultation and debate with the legal community and wider civil society”.

Amnesty International noted that there was no consultation with civil society, and the draft was made public only on 8th November, when it was presented in the Senate, mere hours after approval from the Federal Cabinet.

The report also referred to the judiciary’s role in depriving the Pakistan Tehreek-e-Insaf (PTI) and Sunni Ittehad Council (SIC) of their reserved seats in the National Assembly. Had the 2024 judgment authored by Justice Mansoor Ali Shad been implemented, the PTI-SIC bloc would have been the single largest party with 114 seats in the National Assembly, the report noted.

The amendment adds Articles 175B-175L to the Constitution to establish the FCC, whose decisions will bind all other courts, including the Supreme Court, which previously was the highest court in the country. Additionally, the FCC will not be bound by any judgment of the Supreme Court, past or present. The report stated, “The FCC usurps the original and advisory jurisdiction of the Supreme Court.”

The absence of clear rules delineating jurisdiction between the Supreme Court and the FCC creates significant confusion on which forum would hear particular cases. The ambiguity is likely to cause procedural delays, to the detriment of litigant’s access to justice.

The Pakistani authorities must immediately take all appropriate measures to safeguard the impartiality, independence and safety of judges, ensuring that they can carry out their judicial functions without any inappropriate or unwarranted interference and any restrictions, improper influences, pressures and threats, direct or indirect, from any quarter or for any reason. Pakistani authorities must uphold their international human rights obligations, effectively protect the human rights of everyone in the country, and ensure access to justice and effective remedies for victims as well as respect separation of powers and the rule of law, the report added.

Copyright Business Recorder, 2026