Pakistan Supreme Court Crisis: Two Top Judges Resign Over Constitutional Amendment
In a dramatic development that has shaken Pakistan’s judiciary, two Supreme Court judges resigned on Thursday just hours after President Asif Ali Zardari signed the controversial 27th Constitutional Amendment into law.
Key Developments
- Justices Mansoor Ali Shah and Athar Minallah resigned in protest
- Amendment creates new Federal Constitutional Court, stripping Supreme Court’s powers
- Judges called the move “a grave assault” on Pakistan’s Constitution
- Senate passed the bill with overwhelming majority despite opposition
The Constitutional Overhaul
The 27th Amendment establishes a Federal Constitutional Court (FCC) with superior court judges from all provinces to handle constitutional matters, while regular courts would continue with other cases. The amendment also revives executive magistrates and re-examines military command structures.
Judges’ Strong Protest
Both judges had written separate letters to Chief Justice Yahya Afridi, urging a full court meeting to debate the amendment. One judge described it as dismantling the Supreme Court and subjugating the judiciary to executive control.
“This change has crippled judicial independence and integrity, pushing the country back by decades,” one judge wrote in his resignation letter.
The judge argued that remaining in office would undermine the institution he swore to protect, calling it “silent acquiescence in a constitutional wrong.” He emphasized that unlike previous amendments, this one stripped the court of fundamental jurisdiction.
Constitutional Principles at Stake
The second judge recalled swearing to uphold “the Constitution” rather than “a constitution” when he took his oath 11 years ago. He stated that the Constitution was effectively “no more” and what remained was merely “a shadow” that no longer represented the people’s spirit.
“Judicial robes are more than mere ornaments. Throughout history they have often stood as symbols of betrayal through silence and complicity alike,” he wrote.
Legislative Process
The Senate approved the bill for the second time amid opposition protests, with Chairman Yousuf Raza Gilani announcing that 64 lawmakers voted in favor and four against, meeting the two-thirds majority requirement. The bill had previously passed the Senate on Monday and was approved with amendments by the National Assembly before returning for final approval.
President Zardari is expected to administer the oath to the chief justice of the newly established Federal Constitutional Court on Friday, marking a significant restructuring of Pakistan’s judicial system.
