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Home Diplomatic

Amnesty calls 27th Constitutional Amendment ‘assault on judicial independence,’ urges urgent review

by Sub News
January 6, 2026
Amnesty calls 27th Constitutional Amendment ‘assault on judicial independence,’ urges urgent review
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Islamabad, January 6, 2026: Human rights organisation Amnesty International on Tuesday strongly criticised Pakistan’s 27th Constitutional Amendment, describing it as the “crescendo of a concerted and sustained attack on the independence of the judiciary, the right to a fair trial, and the rule of law,” and called for an urgent review of the legislation.

In a detailed statement, Amnesty said the amendment—passed by Parliament after five days of heated debate, opposition protests, and last-minute revisions—violates Pakistan’s international human rights obligations. The group expressed particular concern over the establishment of the Federal Constitutional Court (FCC), which it said undermines judicial independence, erodes judges’ security, and restricts access to justice.

The amendment also rewrote Article 243 of the Constitution, altering the command structure of the armed forces, and granted lifetime immunity from criminal prosecution to the president and senior military ranks, including Field Marshal, Marshal of the Air Force, and Admiral of the Fleet. Amnesty warned that such immunity “paves the way for unchecked and arbitrary use of power” and violates the principle of equality before the law.

Amnesty said the amendment insulates key state officials from accountability and called on Pakistani authorities to “immediately take all appropriate measures to safeguard the impartiality, independence and safety of judges,” ensuring they can perform their duties free from interference, pressure, or threats.

Concerns over FCC and judicial appointments

The rights body warned that the FCC’s creation has “serious implications for access to justice,” as cases involving constitutional interpretation and fundamental rights will now fall under the new court’s jurisdiction. It noted that the FCC is not bound by Supreme Court precedent, potentially leading to legal uncertainty and delays.

Amnesty also raised alarm over the appointment process for FCC judges, noting that the first batch—including the chief justice—was appointed directly by the executive, bypassing the Judicial Commission of Pakistan (JCP). It said this raised concerns of political interference, especially after changes introduced under the 26th Constitutional Amendment, which altered the JCP’s composition by increasing parliamentary representation and reducing judicial members to a minority.

“These changes risk politicisation of judicial appointments and court capture,” Amnesty said, quoting a United Nations special rapporteur on the independence of judges and lawyers.

‘Hastily adopted’ without consultation

Amnesty noted that the 27th Amendment was adopted without meaningful consultation with civil society, the legal fraternity, or opposition parties. The draft was made public only hours before it was presented in the Senate, despite its far-reaching consequences.

The organisation recalled that on the day the amendment was signed into law, Supreme Court Justices Mansoor Ali Shah and Athar Minallah resigned, followed days later by the resignation of Lahore High Court judge Shams Mehmood Mirza. It said these developments highlighted growing concerns about pressure on the judiciary.

The rights group also referenced the United Nations High Commissioner for Human Rights, Volker Türk, who described the amendment as “hastily adopted,” and noted that the Human Rights Commission of Pakistan (HRCP) had similarly raised alarm over the lack of consultation and debate.

Broader pattern of judicial pressure

Amnesty said the 26th and 27th Amendments were enacted amid wider concerns about attacks on the judiciary. It recalled an open letter written in March 2024 by six Islamabad High Court judges alleging intimidation, surveillance, and threats by intelligence agencies in politically sensitive cases.

The organisation also highlighted incidents such as suspicious letters sent to judges, online smear campaigns against judges, and disciplinary actions against judges who raised concerns, arguing these pointed to a systematic erosion of judicial independence.

Political context and parliamentary composition

The statement also questioned the political context in which the amendment was passed, noting that opposition leaders had been disqualified following convictions related to May 9, 2023 protests. Amnesty recalled the controversy over PTI’s reserved seats in Parliament, stating that court decisions and subsequent redistribution of those seats effectively handed the ruling coalition a two-thirds majority, enabling the passage of constitutional amendments.

Call for action

Amnesty urged Pakistani authorities to review the 27th Amendment to ensure compliance with international human rights law, uphold the separation of powers, and guarantee access to justice and effective remedies for victims.

“The independence of the judiciary is fundamental to the protection of human rights,” Amnesty said, warning that without urgent corrective action, the amendment risks long-term damage to Pakistan’s constitutional order and democratic governance.

Tags: "assault on judicial independence"26th Constitutional Amendment27th Constitutional AmendmentAdmiral of FleetAmnesty InternationalArticle 243 of the ConstitutionFCCFCC judgesFederal Constitutional CourtField MarshalIslamabadJCPJudicial Commission of Pakistanjudicial independenceJustice Athar MinallahJustice Mansoor Ali ShahMarshal of Air ForcePakistanPakistan Tehreek-e-InsafPTISCPSupreme CourtUnited Nations High Commissioner for Human RightsVolker Türk
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