In one of Pakistan’s most significant constitutional shifts in decades, parliament on Wednesday approved a sweeping amendment that dramatically expands the authority of Army Chief Field Marshal Syed Asim Munir, grants lifetime legal immunity to both him and the president, and strips the Supreme Court of much of its constitutional oversight power.
Within hours of the president signing the amendment into law, two senior Supreme Court judges — Justice Mansoor Ali Shah and Justice Athar Minallah — resigned in protest, condemning the move as a direct attack on the constitution and judicial independence.
What the 27th Constitutional Amendment Changes
The amendment, rushed through both houses amid an opposition boycott, introduces several far-reaching changes:
1. Creation of a Chief of Defence Forces (CDF)
A new post that elevates the army chief’s authority over the navy and air force, formalising his command across all military branches.
2. Lifetime Legal Immunity
Both the CDF and the president are granted immunity from all criminal prosecution — even after leaving office.
3. A New Federal Constitutional Court (FCC)
This body will now hear constitutional matters previously under the jurisdiction of the Supreme Court.
Judges will be appointed under a newly designed process widely seen as favourable to the executive.
Critics argue these measures institutionalise military dominance, weaken civilian oversight, and significantly dilute the Supreme Court’s role as the guardian of the constitution.
Why the Judges Resigned — Their Words
In powerful resignation letters, Justices Mansoor Ali Shah and Athar Minallah accused the government of:
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“Hollowing out” the Supreme Court
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Undermining judicial independence
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Violating Pakistan’s constitutional structure
Justice Shah called the amendment:
“A grave assault on the Constitution of Pakistan.”
He warned that the changes would leave “deep institutional scars” and fundamentally alter the balance between the judiciary and the military-backed executive.
Their resignations mark the most dramatic escalation yet in the long-running tension between the judiciary and Pakistan’s political-military establishment.
How the Amendment Was Passed — Political Context
The ruling coalition fast-tracked the amendment with minimal debate.
Opposition parties — especially Imran Khan’s PTI — condemned the move as a constitutional hijacking and boycotted the vote.
Supporters of the government argue the amendment:
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Streamlines defence command
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Provides legal stability
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Modernises constitutional review
Opponents counter that it amounts to a constitutional coup, executed without public consultation or democratic deliberation.
Legal and Institutional Fallout
Experts warn of several major consequences:
1. Collapse of Judicial Checks
By removing constitutional review from the Supreme Court, the government has weakened its most important institutional counterweight.
2. Deepening Military Entrenchment
The army chief’s expanded formal authority and immunity will likely entrench military influence across governance, policy, and national security.
3. Wave of Legal Challenges
Given the scale of dissent — including resignations from sitting judges — the amendment is expected to face:
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Supreme Court petitions
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Bar association protests
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International scrutiny for democratic backsliding
Public Reaction and Street Politics
Opposition parties and activists immediately praised the judges’ stance and called for nationwide demonstrations.
Lawyers’ groups warned of a “dark moment” for Pakistan’s judiciary.
Human rights organisations criticised the amendment as part of a pattern of shrinking civic space.
Meanwhile, the military and government framed the changes as technical reforms necessary for “stability and coordination” — a claim widely met with scepticism.
What Happens Now?
Pakistan now enters a period of high constitutional and political volatility.
Potential next steps include:
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Court challenges to the amendment
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Nationwide protests led by civil society and lawyers
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Further resignations or dissent among sitting judges
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International pressure from rights groups and democratic allies
With the Supreme Court’s powers weakened and two of its most respected judges stepping down, Pakistan’s institutional equilibrium remains in flux.
Bottom Line
The 27th Constitutional Amendment marks one of the most consequential shifts in Pakistan’s post-1973 constitutional order.
It expands military power, grants unprecedented legal protection to its top leadership, and sharply curtails the Supreme Court’s role.
The resignations of Justices Mansoor Ali Shah and Athar Minallah highlight the severity of the crisis — a moment that will shape Pakistan’s judiciary, politics, governance, and international standing for years to come.
