LEGAL
Supreme Court Judge Justice Mansoor Ali Shah has written another letter to Chief Justice of Pakistan Yahya Afridi, urging him to initiate formal consultation with the judiciary on the 27th Constitutional Amendment — a proposed law that has sparked intense debate across Pakistan’s legal and political circles.
In his letter, Justice Mansoor Ali Shah emphasized that the Chief Justice, as the head of the judiciary, must immediately engage with the executive branch and make it clear that no constitutional amendment affecting the judiciary can be enacted without consulting judges of the constitutional courts.
He further proposed that a convention comprising judges from the Supreme Court, High Courts, and the Federal Shariat Court be convened to deliberate on the amendment and formulate a unified institutional response.
“You are not just the administrator but also the guardian of this institution,” Justice Mansoor wrote to the CJP. “This moment requires you to show leadership. If the judiciary does not unite, both its independence and its decisions will be affected. History remembers those who stand up for the Constitution, not those who remain silent.”
Justice Mansoor recommended that the institutional stance of the judiciary be documented and formally communicated to the government and parliament, requesting that no further steps be taken on the amendment until the consultation process is completed.
He clarified that his letter was not meant as a disagreement but as an appeal for institutional unity in defense of the Constitution’s supremacy and judicial independence.
“My request is not a disagreement but a call for unity,” the letter reads. “This is not against any individual, but in favor of the independence and dignity of the judiciary. Remaining silent on the Constitution will weaken the spirit of our constitutional oath. It is our responsibility to protect an independent and dignified judiciary for future generations.”
The letter comes as the 27th Constitutional Amendment Bill was recently passed unanimously by the Senate, with 64 votes in favor and none against. The bill, which introduces sweeping changes to Pakistan’s judicial structure — including the creation of a Federal Constitutional Court (FCC) — has raised concerns that it could curtail the Supreme Court’s constitutional authority.
Justice Mansoor’s letter follows a similar appeal made days earlier by former judges and senior lawyers, who also urged CJP Yahya Afridi to convene a full court meeting to discuss the implications of the amendment.
As the National Assembly prepares to debate the bill, Justice Mansoor’s intervention highlights growing unease within the judiciary itself over the future of judicial independence in Pakistan.