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Amnesty Slams 27th Constitutional Amendment as Attack on Judicial Independence
Amnesty International has called Pakistan’s 27th Constitutional Amendment a direct assault on judicial independence, fair trial rights and rule of law, urging an urgent review to meet international human rights obligations.
ND
by News Desk
2026-01-06
Amnesty Slams 27th Constitutional Amendment as Attack on Judicial Independence

Human rights organisation Amnesty International on Tuesday strongly criticised Pakistan’s 27th Constitutional Amendment, describing it as the “crescendo of a concerted and sustained attack” on the independence of the judiciary, the right to a fair trial and the rule of law. The rights body urged Pakistani authorities to conduct an urgent review of the legislation to ensure compliance with international human rights obligations.

The 27th Amendment was passed by Parliament after five days of intense debate, opposition protests and last-minute revisions. It has drawn widespread criticism for establishing a Federal Constitutional Court (FCC) and for amending Article 243, which governs the command of the armed forces.

In its statement, Amnesty said the Amendment undermined judicial accountability and independence, warning that it insulated the president and the heads of the armed, naval and air forces from accountability. The organisation called on authorities to immediately safeguard judges from interference, pressure and threats, stressing that judicial independence is a cornerstone of democratic governance.

Amnesty said the Amendment violated international human rights law by weakening access to justice, eroding judges’ security of tenure and undermining fair trial guarantees. It also raised serious concerns over the lack of consultation with civil society, the legal fraternity and opposition parties despite the far-reaching consequences of the legislation.

The organisation recalled that on the day the Amendment was signed into law, Supreme Court Justices Mansoor Ali Shah and Athar Minallah resigned, followed days later by the resignation of Lahore High Court judge Shams Mehmood Mirza. According to Amnesty, these developments reflected deepening concerns over judicial independence.

Amnesty also linked the 27th Amendment to the earlier 26th Constitutional Amendment passed in 2024, which it said had already weakened the judiciary. The 26th Amendment altered the composition of the Judicial Commission of Pakistan (JCP) by increasing parliamentary representation and reducing judicial members, raising fears of politicisation in judicial appointments.

The rights body noted that under the 26th Amendment, the Supreme Court’s original and advisory jurisdiction was transferred to newly created Constitutional Benches, which were later abolished and replaced by the FCC through the 27th Amendment. Amnesty warned that the FCC lacks independence and is not bound by Supreme Court precedent, potentially leading to constitutional confusion and delays in justice.

Highlighting broader concerns, Amnesty said the amendments were adopted amid increasing reports of interference, intimidation and threats against judges, including allegations raised by Islamabad High Court judges in an open letter in March 2024. The organisation also recalled incidents involving suspicious letters sent to judges and online campaigns targeting members of the judiciary.

The statement further criticised the process of appointing FCC judges, noting that the first batch was appointed directly by the executive, bypassing the JCP. Amnesty warned that this raised the risk of political interference and “court capture”, particularly in politically sensitive cases.

Amnesty also expressed alarm over provisions granting lifetime immunity to the president and senior military ranks, calling it a violation of the principle of equality before the law. It said such immunity could pave the way for unchecked use of power and deny victims access to legal remedies.

Concluding its statement, Amnesty urged Pakistan to uphold the separation of powers, protect judicial independence and ensure that constitutional reforms align with democratic principles and international human rights standards.
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