Pakistan’s Democratic Crossroads: The 27th Amendment Ignites Judicial Crisis and Resignations

Pakistan’s Democratic Crossroads The 27th Amendment Ignites Judicial Crisis and Resignations

Pakistan’s institutions are under intense strain as the freshly enacted 27th Constitutional Amendment triggers a cascade of judicial resignations and widespread alarm over eroding democratic checks. Just days after its passage, two senior Supreme Court judges have stepped down in protest, decrying the reforms as a “grave assault” on the Constitution and judicial independence. With reports of more exits from lower courts and a Supreme Court meeting sidestepping the controversy, this development exposes deep fissures in the civil-military-judicial triad. Drawing on official announcements, parliamentary records, and a surge of social media discourse, this comprehensive blog synthesizes the amendment’s provisions, the fallout from the resignations, key reactions, and looming implications—painting a picture of a nation teetering between security imperatives and authoritarian risks.

Key Developments at a Glance

  • Amendment Enacted Amid Uproar: Parliament approved the 27th Constitutional Amendment on November 11-12, 2025, with President Asif Ali Zardari signing it into law on November 13—expanding army chief powers, granting lifetime immunity to five-star officers, and overhauling judicial structures in ways critics label as a power consolidation.
  • Supreme Court Shake-Up: Justices Mansoor Ali Shah and Athar Minallah resigned hours after the signing, calling it a “serious attack” that renders the Constitution “no more”—their exits accepted by Zardari the same day, amid accusations of executive capture.
  • Ripple Effects in Lower Courts: At least two Islamabad High Court (IHC) judges, Mohsin Akhtar Kayani and Saman Rafat Imtiaz, have signaled resignations over fears of forced transfers, with analysts predicting more within 48 hours—potentially crippling key benches.
  • Military Boost: Army Chief (now Field Marshal) Asim Munir secures a five-year extension to 2030, with command shifts from prime minister to president—hailed for security but slammed as deepening military sway.
  • Ongoing Tensions: A Supreme Court full court meeting on November 14 avoided the amendment or resignation letters, underscoring internal divisions, while bar associations decry a “dark day” for justice.

The 27th Amendment: Provisions and Controversies

Building on the 26th Amendment’s 2024 judicial tweaks, the 27th Amendment—passed in chaotic Senate and National Assembly sessions despite opposition boycotts—centralizes authority under the guise of efficiency and security. Proponents, including government allies, argue it fortifies leadership amid regional volatility, but detractors see a “hybrid regime” that favors the military and the executive.

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Core changes include:

  • Military Enhancements: Lifetime rank, privileges, uniforms, and immunity for five-star officers; the army chief’s term extended, with some powers realigned to the president, altering civil-military dynamics.
  • Judicial Overhaul: Creation of a Federal Constitutional Court (FCC) for constitutional matters, relegating the Supreme Court to civil/criminal cases; executive influence over judge transfers and appointments, potentially eroding independence. Speculation points to Justice Aminuddin Khan as FCC chief.
  • Federalism Shifts: Revisions to the National Finance Commission (NFC) award and executive magistracy, seen as diluting provincial autonomy under the 18th Amendment.

The bill’s rushed passage, marked by protests, has fueled claims of undemocratic haste.

The Resignations: A Cascade of Principled Exits

The amendment’s enactment prompted immediate backlash from the bench. On November 13, Justice Mansoor Ali Shah—previously overlooked for Chief Justice in 2024—submitted a 13-page resignation letter branding the reforms a “grave assault” that subjects judges to government control, destroying the judiciary’s role as a power check. Justice Athar Minallah followed, declaring the Constitution he swore to defend “no more,” in a stark rejection of the “diminished” Supreme Court.

President Zardari accepted both swiftly, without addressing the critiques. The wave has spread: IHC Justices Kayani and Imtiaz eye exits over transfer fears, with more anticipated, risking a “constitutional crisis” and understaffed courts. Today’s full court meeting, led by Chief Justice Yahya Afridi, notably skipped these issues, highlighting fractures.

Official and Political Responses: Defiance Meets Backlash

Defence Minister Khawaja Asif rebuked the judges for resigning “late,” implying delayed conscience. Government sources defend the changes as streamlining, but opposition like PTI hints at countermeasures, questioning the FCC’s setup. Bar associations and lawyers, including Mirza Moiz Baig (“complete destruction”) and Rida Hosain (“dark day”), have mobilized protests, praising the duo for principle over position.

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Public and Social Media Echoes: A Groundswell of Fury

X (formerly Twitter) has amplified the outrage, with #27thAmendment trending amid tributes and warnings. Users like Gharidah Farooqi call it the “first result” of the amendment, while Zahid Gishkori flags imminent resignations and PTI strategies. Posts from Sapna Sewani and PTI USA highlight judicial loss, with Abdul Moiz Jaferii decrying rule by “fear.” International media like Al Jazeera and The Guardian frame it as a military reshape, urging scrutiny. Broader sentiment: A “sad day” for justice, with calls for resistance against “dictatorship.”

Broader Impacts and Road Ahead

This turmoil threatens delayed cases, eroded trust, and protests from bar councils—potentially escalating to unrest if more judges bolt. While security gains are touted, evidence points to deepened imbalances, with federalism at risk and democracy in flux. PTI’s response and FCC appointments will be pivotal; unity among remaining judges is urged, but skepticism reigns.

ProvisionSupporters’ RationaleCritics’ FearsReported Impacts
Military Immunity & ExtensionStrengthens leadership for stabilityUnchecked power, erodes civilian oversightMunir’s term to 2030; shifts to president
Federal Constitutional CourtSpecializes adjudicationEmasculates Supreme CourtLimits SC jurisdiction; Khan eyed as chief
Judicial Transfers/AppointmentsBoosts efficiencyEnables executive meddlingSparks SC/IHC resignations
NFC/Federalism RevisionsCentralizes resourcesWeakens provinces, rolls back 18th AmendmentPotential autonomy loss

As Pakistan confronts this reckoning, the resignations stand as a clarion call for institutional resilience. Will reforms heal or haunt? Monitor for updates as protests brew and benches empty.

What is the 27th Constitutional Amendment in Pakistan?

Passed on November 11-12, 2025, and signed into law on November 13, it expands army chief powers (including a 5-year extension for Asim Munir), grants lifetime immunity to five-star officers, creates a Federal Constitutional Court, allows executive judge transfers, and revises federal-provincial finance rules.

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Who resigned from the Supreme Court and why?

Justices Mansoor Ali Shah and Athar Minallah resigned on November 13, 2025, protesting the amendment as a “grave assault” on the Constitution and judicial independence, claiming it subjects judges to government control and diminishes the Supreme Court.

Did the Chief Justice resign?

No. Reports confirm only Justices Shah and Minallah resigned from the Supreme Court. Chief Justice Yahya Afridi remains in position and chaired a full court meeting on November 14 that avoided discussing the amendment.

What did President Zardari do about the resignations?

President Asif Ali Zardari accepted the resignations of Justices Shah and Minallah on the same day, November 13, 2025, without public comment on their criticisms.

Are more judges planning to resign?

Yes. At least two Islamabad High Court judges—Mohsin Akhtar Kayani and Saman Rafat Imtiaz—have signaled intent to resign over fears of forced transfers under the new rules, with more exits expected within 48 hours.

What is the Federal Constitutional Court (FCC)?

A new court created by the 27th Amendment to handle constitutional matters, reducing the Supreme Court’s role to civil and criminal cases. Critics say it fragments judicial power and enables executive influence.

How does the amendment affect the army chief?

It extends General Asim Munir’s term (now Field Marshal) to 2030, grants five-star officers lifetime rank, immunity, and privileges, and shifts some command authority from the prime minister to the president.

What are the main criticisms of the 27th Amendment?

Opponents argue it undermines judicial independence, weakens provincial autonomy (via NFC changes), centralizes power in the military and executive, and risks turning Pakistan into a “hybrid regime” or authoritarian state.

How have lawyers and bar associations responded?

Bar councils and lawyers have called it a “dark day” for justice, praised the resigning judges for choosing principle over position, and warned of a “complete destruction” of the judiciary. Protests are being organized.

What happens next for Pakistan’s judiciary?

With vacancies mounting, courts may face delays in high-profile cases. Speculation surrounds Justice Aminuddin Khan as potential FCC chief. PTI and opposition groups are planning responses, while calls grow for judicial unity and public resistance.

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