Amendments to FCC and Expanded Immunity Threaten Legal Fairness and Justice
Pakistan’s judiciary faces unprecedented threats. Judges resign. Powers concentrate. Justice teeters. The rule of law hangs by a thread.
Amnesty International warns Pakistan’s 27th Constitutional Amendment undermines judicial independence and the rule of law. It calls for urgent review, protection of judges, and adherence to human rights obligations.
Amnesty Condemns 27th Amendment
Amnesty International warned that Pakistan’s 27th Constitutional Amendment attacks judicial independence, the right to a fair trial, and the rule of law. It urged authorities to urgently review the legislation.
Federal Constitutional Court Threat
The amendment creates a Federal Constitutional Court (FCC) that binds all other courts, including the Supreme Court. Amnesty said the FCC lacks independence, threatens judges’ security of tenure, and insulates the president and senior military officials from accountability.
Sweeping Constitutional Changes
The 27th Amendment rewrites Pakistan’s judicial and military framework. It grants the executive decisive power over judicial appointments and transfers, alters the military command structure, and extends immunity to the president and senior military leaders. Critics say it concentrates power and undermines checks and balances.
Judicial Resignations Signal Alarm
Two senior Supreme Court judges resigned in protest after the amendment passed. A Lahore High Court judge resigned shortly after. Justice Mansoor Ali Shah described the law as a “serious attack on the Constitution” that fragmented the Supreme Court and weakened its authority.
Fast-Tracked Passage Raises Concerns
Amnesty criticized the amendment for being rushed through parliament. The draft became public only hours before its Senate introduction. The UN High Commissioner for Human Rights also called it “hastily adopted” with no broad consultation.
Erosion of Judicial Independence
The 27th Amendment builds on the 26th Amendment of October 2024, which politicized judicial appointments by adding parliament members to the Judicial Commission of Pakistan (JCP). The FCC now overrides Supreme Court decisions, creating confusion and risks inconsistent legal interpretations.
Problematic Appointments and Transfers
Amnesty warned that the president’s power to appoint FCC judges bypasses the JCP, allowing political interference. Judges can be transferred without consent, potentially punishing unfavorable rulings.
Lifetime Immunity for President and Military
The amendment grants lifetime immunity to the president and senior military leaders. Amnesty said this violates equality before the law and risks unchecked power.
Attacks on the Judiciary Context
Amnesty placed the amendment in the context of growing attacks on judges. Intelligence intimidation, threats, smear campaigns, and removals of judges have escalated over the past two years.
Call to Action
Amnesty urged Pakistan to protect judges’ independence and safety. Authorities must uphold human rights, ensure access to justice, and respect separation of powers.
Critical Analysis & Global Implications
1. Judicial Independence at Risk
The FCC and executive powers erode the judiciary’s autonomy. Judges may fear reprisals, weakening impartial rulings.
2. Concentration of Power
The amendment strengthens the executive and military while limiting judicial oversight. Checks and balances are effectively nullified.
3. Human Rights Concerns
Lifetime immunity and transfer powers violate equality before the law and access to justice. Arbitrary use of authority may rise.
4. Political Manipulation
Appointments bypass the Judicial Commission. Parliamentary and political interference may politicize legal outcomes.
5. Global Perception
Pakistan risks international criticism for undermining rule of law. Foreign investors, human rights bodies, and judicial partners may question legal and democratic reliability.