International Updates

In a dramatic escalation of Pakistan’s constitutional crisis, two senior Supreme Court judges have resigned, warning that a sweeping new amendment passed by parliament has “hollowed out” the country’s top court and placed the judiciary under effective executive control. Justices Syed Mansoor Ali Shah and Athar Minallah stepped down on Thursday, hours after the government enacted the 27th Constitutional Amendment, a far-reaching package of changes that transfers core constitutional powers away from the Supreme Court and strengthens the role of the military in governance. In blistering resignation letters, both judges accused the government of dismantling foundational safeguards of judicial independence. Justice Shah described the amendment as “a grave assault on the Constitution of Pakistan”, warning it “subjugates the judiciary to the executive and strikes at the heart of constitutional democracy”. Justice Minallah said the Constitution he had sworn to defend “is no more”, adding that remaining on the bench would amount to legitimising “a constitutional wrong”. Judicial power curtailed Under the new law, a Federal Constitutional Court (FCC) will take over all constitutional matters — including interpretation of fundamental rights, review of legislation and oversight of state actions. Judges of the FCC will be appointed under a process dominated by the executive, prompting concerns about independence and transparency. The Supreme Court, long seen as one of the few institutions capable of checking state power, is now left with a significantly reduced remit. Legal scholars say the amendment effectively rewires Pakistan’s constitutional architecture, weakening judicial review and concentrating unprecedented authority in the executive and military elite. Military powers expanded The amendment also elevates the army chief, General Asim Munir, to the newly created post of Chief of Defence Forces, placing him at the head of all three military branches and granting him extensive legal immunities. Critics warn the move cements the military’s entrenched dominance in Pakistan’s politics. Opposition parties have condemned the measure as a “civil–military power grab”, though parliamentary opposition has been limited after many prominent political leaders were sidelined or imprisoned in the past year. Growing legal resistance A petition challenging the 27th Amendment has been filed before the Supreme Court, arguing that core constitutional powers — particularly judicial review — cannot be removed even through constitutional change. The petition claims the law violates the basic structure of the Constitution, including separation of powers and citizens’ right to constitutional remedies. The Supreme Court is expected to take up the matter in the coming days, though the resignations have cast uncertainty over how forcefully the court can respond. A constitutional order under strain Pakistan has experienced repeated constitutional crises, but observers say this moment is especially consequential. The Supreme Court, despite periods of controversy, has historically retained an important oversight role. The 27th Amendment challenges that balance. With two of its most prominent judges gone, the court now faces mounting questions about its integrity, independence, and capacity to serve as a check on the executive. Civil society groups have warned that the amendment could mark a turning point in Pakistan’s democratic trajectory. International legal watchdogs have also expressed alarm, saying the law undermines rule-of-law principles and risks pushing the country deeper into institutional instability. For now, Pakistan enters uncharted constitutional territory — its judiciary fractured, its military emboldened, and its most senior judges sounding the alarm that the constitutional order itself is under threat.