Pakistan’s 27th Amendment: Amnesty International Cites Grave Threat to Judicial Independence
- New court established, replacing Supreme Court authority.
- President, military chiefs granted lifetime immunity.
- Senior judges resigned in immediate protest.
Amnesty International (AI) has condemned the Constitution (Twenty-seventh Amendment) Act, 2025, asserting that the legislation delivers a severe blow to the independence of the judiciary and the integrity of the rule of law in Pakistan. The organization notes that the amendment was reportedly “steamrolled” through Parliament with astonishing speed and without meaningful consultation with civil society, the legal fraternity, or opposition parties. This swift legislative action led directly to the immediate resignation of two senior Supreme Court judges and a Lahore High Court judge in protest against the judicial restructuring.
The core concern raised by AI is the establishment of the Federal Constitutional Court (FCC), which effectively usurps the original and advisory jurisdiction previously held by the Supreme Court. Furthermore, the new FCC is reportedly not bound by any past or present judgments of the Supreme Court, creating legal confusion and potentially jeopardizing fundamental rights cases. Alarmingly, the initial Chief Justice and judges of the FCC are set to be appointed by the President upon the Prime Minister’s advice, completely bypassing the established Judicial Commission of Pakistan (JCP) procedure. This grants significant, direct executive influence over the highest constitutional review body.
This move follows the controversial 26th Amendment of 2024, which had already weakened the JCP by making judicial members a minority, enabling greater political influence in appointment processes. AI highlights that the 27th Amendment was passed at a time when the ruling coalition secured its required two-thirds majority only after the opposition, specifically the PTI/SIC bloc, was denied its reserved seats following disputed legal rulings.
Beyond the judicial restructuring, the amendment introduces radical changes to accountability measures. Article 248 has been revised to grant the President absolute, lifetime immunity from criminal proceedings and arrest, even for acts unrelated to their official duties. Crucially, this expansive, retrospective immunity is also extended to the highest ranks of the naval, air, and armed forces (Field Marshal, Marshal of Air Force, and Admiral of the Fleet). AI suggests that the current Chief of Army Staff, who was reportedly appointed Field Marshal in May 2025, directly benefits from these unprecedented protections, which violate the fundamental principle of equality before the law and international human rights commitments.
Amnesty International concludes that these successive constitutional changes, implemented amid ongoing reports of executive and intelligence agency interference in politically sensitive judicial cases (as previously detailed by Islamabad High Court judges), represent a calculated and dangerous erosion of constitutional checks and balances. The organization strongly urges Pakistani authorities to undertake an urgent review of the 27th Amendment to ensure compliance with international human rights obligations, safeguard the impartiality of judges, and guarantee access to justice.