Resignations coincide with oath-taking preparations for newly formed Constitutional Court

In a dramatic escalation of tensions within Pakistan’s judiciary, Supreme Court Justices Mansoor Ali Shah and Athar Minallah on Thursday submitted their resignations to President Asif Ali Zardari, citing deep concerns over the recently enacted 27th Constitutional Amendment.
The move marks one of the most significant judicial protests in decades.

Justice Mansoor Ali Shah: ‘A severe blow to the Supreme Court’

Justice Mansoor Ali Shah tendered a 13-page resignation, sharply criticising the amendment, which establishes the Federal Constitutional Court (FCC) and reshapes the jurisdiction of the Supreme Court.

Calling the amendment a “severe blow” to the apex court and an “attack on the Constitution,” he wrote that the reforms have distanced justice from the common citizen and placed the judiciary in a position subordinate to the executive.

He expressed profound disappointment, quoting verses by renowned poet Ahmed Faraz to illustrate his sense of loss.

“By dividing the country’s highest court and trampling on judicial independence, the nation has been pushed back decades,”
Justice Shah wrote, warning that such constitutional disruptions may fade from politics but leave lasting scars.

Justice Athar Minallah: ‘The Constitution I swore to protect no longer exists’

Justice Athar Minallah’s resignation delivered an equally damning assessment.
He stated that the 27th Amendment has effectively abolished the Constitution in its original form, the one he had pledged to uphold.

“No matter how much I try to console myself, it is impossible to deny that a new order is being built on the grave of the Constitution,”
he wrote.

Reflecting on his 11-year judicial career from IHC judge to Chief Justice of the Islamabad High Court, and later Supreme Court judge Minallah said he could not continue while the foundational document he swore to defend had been altered beyond recognition.

He reminded that he had earlier cautioned Chief Justice Yahya Afridi about the amendment, fears he now believes were validated.

“These robes judges wear are a symbol of trust, but too often, they have symbolized silence,”
he wrote, concluding with the hope that his resignation will be viewed as honesty, not disobedience.

Justice Aminuddin Khan appointed first Chief Justice of the Federal Constitutional Court

Amid the judicial upheaval, President Asif Ali Zardari on Saturday appointed Justice Aminuddin Khan as the first Chief Justice of the newly formed Federal Constitutional Court, acting on Prime Minister Shehbaz Sharif’s advice.

An official notification confirmed that Justice Aminuddin, formerly head of the Supreme Court’s constitutional bench, will now lead the FCC, a court created under the 27th Amendment to hear constitutional matters separately from the Supreme Court.

Preparations for his oath-taking at the Presidential Palace are underway, with senior government officials informed of the ceremony.

Controversy Over the 27th Amendment

The 27th Amendment has triggered deep divisions within the legal community.
The government argues that the FCC will reduce the Supreme Court’s caseload and improve constitutional adjudication, but critics — including the two resigning judges — say the amendment undermines judicial independence, alters the balance of powers, and weakens the Supreme Court’s authority.

With the resignation of two senior judges, the controversy appears far from over, setting the stage for an intense national debate over the future of Pakistan’s judicial system.