- Justices Mansoor Ali Shah and Athar Minallah resign, citing threats to judicial independence after enactment of amended law
- Former AGP Makhdoom Ali Khan resigns from Law and Justice Commission, calls amendment a ‘fraud on judicial independence’
ISLAMABAD: In the twist and turn of events following the enactment of the 27th Constitutional Amendment, Supreme Court Justices Syed Mansoor Ali Shah and Athar Minallah tendered their resignations on Thursday, raising serious concerns over the independence and authority of Pakistan’s apex court.
The resignations came hours after President Asif Ali Zardari signed the controversial amendment into law, which has already sparked nationwide debate and opposition protests.
Both justices had earlier written to Chief Justice of Pakistan (CJP) Yahya Afridi, urging him to convene a full court meeting or a judicial conference to discuss the amendment in detail. Their letters highlighted potential threats to judicial independence, administrative autonomy, and the separation of powers enshrined in the Constitution.
Justice Shah: ‘A grave assault on the Constitution’
In his resignation letter to the president, Justice Mansoor Ali Shah described the amendment as “a grave assault on the Constitution of Pakistan,” asserting that it “dismantles the Supreme Court, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy.”
He warned that the amendment has fractured the unity of the nation’s apex court, crippling judicial independence and integrity and pushing Pakistan “back by decades.” Justice Shah stressed that staying on as a Supreme Court justice under the new framework would amount to silent acquiescence:
“Serving in such a truncated and diminished court, I cannot protect the Constitution, nor can I even judicially examine the amendment that has disfigured it,” he wrote.
He contrasted the 27th Amendment with the previous 26th Amendment, noting that the earlier law still allowed the Supreme Court to examine and answer constitutional questions—a power now stripped away.
Justice Minallah: Upholding the Constitution, not a mere document
Justice Athar Minallah, in his resignation letter, emphasized that when he took his oath 11 years ago, he swore to uphold “the Constitution,” not merely “a constitution.”
“Prior to the passage of the 27th Amendment, I wrote to the Chief Justice expressing concern over its implications. Against a canvas of selective silence and inaction, those fears have now come to pass,” he wrote.
Justice Minallah lamented that the Constitution he swore to uphold is now “no more”, describing the amendment as creating only a shadow of the original document—devoid of spirit or public accountability. He highlighted the symbolic importance of judicial robes, warning that without independence, they risk becoming symbols of betrayal through silence and complicity.
He also traced his personal and professional journey, noting his family’s history of judicial service and his own activism during the lawyers’ movement following the sacking of former Chief Justice Iftikhar Muhammad Chaudhry. Over the years, he became a vocal critic of judicial overreach, especially excessive suo motu actions that delayed routine cases.
Resignation of former AGP Makhdoom Ali Khan
Adding to the upheaval, former Attorney General of Pakistan Makhdoom Ali Khan also resigned from the Law and Justice Commission. In his resignation, he stated that the 27th Amendment has “sunk the ship” of judicial independence, leaving law reform ineffective.
“No law reform is possible or can be effective without an independent judiciary. To continue in these circumstances would be to perpetuate the worst fraud possible: a fraud on oneself,” he wrote.
Senate approval and passage into law
The president’s assent followed hours after the Senate approved the amendment in a second round of voting amid opposition protests. Senate Chairman Yousuf Raza Gilani announced that 64 votes were cast in favor and four against, meeting the two-thirds majority required for constitutional amendments.
The bill had first been presented in the Senate on Monday, passed the same day, and then sent to the National Assembly (NA), which approved it with some amendments. The amendment was returned to the Senate for approval of the changes.
Key provisions of the 27th Amendment
The amendment introduces sweeping changes, including the creation of the Federal Constitutional Court (FCC), comprising senior judges from all provinces, to hear constitutional matters, while lower courts continue routine cases.
Clause 23 allows incumbent CJP Yahya Afridi to maintain office until the end of his tenure.
Clause 56 provides that the future CJP will be the senior-most judge among the FCC and apex court judges.
Other provisions aim to streamline governance through new constitutional courts, revived executive magistrates, and changes to military command structures.
Implications and reactions
The resignations of Justices Shah and Minallah highlight the deep fissures within the judiciary over the amendment, which critics argue curtails judicial oversight and shifts the balance of power toward the executive. Legal experts have warned that this could have long-term implications for rule of law, separation of powers, and public confidence in the judiciary.
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