Islamabad, November 13, 2025: Supreme Court Justices Mansoor Ali Shah and Athar Minallah submitted their resignations on Thursday, hours after President Asif Ali Zardari signed the controversial 27th Constitutional Amendment into law, triggering concerns over judicial independence in Pakistan.
In his resignation letter, Justice Shah described the amendment as “a grave assault on the Constitution of Pakistan,” arguing that it “dismantles the Supreme Court, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy.”
“By fracturing the unity of the nation’s apex court, it has crippled judicial independence and integrity, pushing the country back by decades,” Justice Shah wrote. He warned that while such disfigurement of the constitutional order may eventually be reversed, it would leave deep institutional scars.
Justice Shah explained that he faced a choice: continue serving in a Supreme Court whose constitutional authority had been fundamentally undermined, or resign. “Staying on would not only amount to silent acquiescence in a constitutional wrong but would also mean continuing to sit in a court whose constitutional voice has been muted,” he said.
He also highlighted a key distinction with the earlier 26th Amendment, noting that while the previous amendment still allowed the Supreme Court to examine constitutional questions, the 27th Amendment stripped the court of that fundamental jurisdiction, rendering it incapable of protecting the Constitution.
Justice Minallah’s resignation letter
Justice Athar Minallah expressed similar concerns, emphasizing the oath he took 11 years ago to uphold “the Constitution”, not merely “a constitution.” He recalled raising concerns about the proposed amendment with the Chief Justice of Pakistan before its passage, warning of its potential consequences for the country’s constitutional framework.
“The Constitution I swore to uphold is no more,” Justice Minallah wrote. “What is left of it is a mere shadow; one that breathes neither its spirit nor speaks the words of the people to whom it belongs.” He criticized historical patterns of judicial silence and complicity, warning that the robes of office — symbols of trust — should not become markers of betrayal.
Legislative passage of the 27th Amendment
The resignations came shortly after the President assented to the amendment, formalizing it into law. The amendment had cleared Parliament after a series of votes and revisions:
The Senate approved the bill for the second time, with 64 votes in favour and 4 against amid opposition protests. Senate Chairman Yousuf Raza Gilani confirmed that the bill passed with the constitutionally required two-thirds majority.
The amendment had initially been presented and passed in the Senate on Monday, referred to the National Assembly (NA) for amendments, and subsequently returned to the Senate for final approval.
The amendment introduces the Federal Constitutional Court (FCC), alters judicial hierarchies, and reshapes the military command structure, among other changes.
Sources told Dawn that the President is expected to administer the oath to the Chief Justice of the FCC tomorrow at the Presidency, marking the formal establishment of the new court under the amended constitutional framework.
The resignations of Justices Shah and Minallah highlight growing concerns over judicial independence and institutional integrity following the sweeping constitutional changes. Legal analysts say the move signals deep tensions between the judiciary and the executive, raising questions about the future role and authority of Pakistan’s apex court.
