Constitutional amendments and executive influence raised questions about the autonomy of the superior judiciary
ISLAMABAD:
As 2025 comes to a close, many legal experts regard the year as one of the most challenging for judicial independence in Pakistan. The passage of the 26th and 27th constitutional amendments, alongside key administrative moves, has fueled concerns about the increasing influence of the executive over the superior courts.
Executive Dominance Over Courts
Throughout the year, observers noted that the executive appeared to consolidate its position at the expense of judicial autonomy. Early hopes that the Supreme Court under Chief Justice Yahya Afridi would counterbalance executive authority gradually faded, as several decisions and appointments aligned with government priorities.
One of the most significant changes came with the 26th amendment, which allowed a parliamentary committee to select the Chief Justice of Pakistan from among three senior judges. While this was intended to streamline appointments, critics argued it tilted the balance in favor of executive control.
Key Appointments and Transfers
The government bypassed senior-most judges to nominate Justice Aminuddin Khan as head of the Constitutional Benches (CB), followed by the appointment of judges perceived to be aligned with executive interests. Cases where relief was sought by the government were prioritized, while petitions challenging these changes faced delays or were ignored.
High-profile rulings further illustrated the shift. The Constitutional Bench approved the trial of civilians in military courts and overturned decisions favorable to the PTI, including a judgment on reserved seats in the National Assembly, helping the current government secure a two-thirds majority.
Transfers and Tensions in the Islamabad High Court
The government also orchestrated the transfer of judges to the Islamabad High Court (IHC). Several sitting IHC judges objected, citing interference and threats to judicial independence. Despite intra-court appeals, the transfers were upheld, and Justice Sardar Muhammad Sarfraz Dogar was appointed Chief Justice of the IHC.
Observers noted that during his tenure, PTI leaders failed to secure relief in cases involving former Prime Minister Imran Khan, including applications for suspension of sentences and jail visitation rights.
The 27th Amendment and the Federal Constitutional Court
In November, the 27th amendment fundamentally altered the judicial landscape, creating the Federal Constitutional Court (FCC) as the apex court. Its judges are appointed by the executive, and the FCC now holds the final authority over constitutional interpretation and public interest matters. The Supreme Court has effectively become an appellate forum.
Despite these sweeping changes, resignations from the judiciary, including SC judges Syed Mansoor Ali Shah and Athar Minallah, reflected growing unease among judges. Many perceived themselves as insecure, sidelined, or pressured, and no organized resistance emerged to halt the amendments.
Legal Community’s Reflections
Advocates and legal observers lament that the focus of public and professional discussion has shifted from jurisprudence to judges’ alignments with the executive. As Advocate Abdul Moiz Jaferii noted, court discussions now often revolve around which judge is favored, which is sidelined, and who may be forced to resign, rather than substantive legal debate.
The year has also sparked conversations about the long-term implications of executive influence over appointments, transfers, and the very structure of Pakistan’s superior judiciary.