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Petition Filed in Supreme Court Against Move to Curb Judicial Powers Through 27th Amendment
A petition filed in the Supreme Court challenges the proposed 27th Constitutional Amendment, warning it could erode the judiciary’s independence and curtail the powers of the Supreme Court and high courts.
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by Muhammad Hashir
2025-11-07
Petition Filed in Supreme Court Against Move to Curb Judicial Powers Through 27th Amendment

A petition was filed in the Supreme Court of Pakistan on Friday challenging alleged efforts to curtail the constitutional jurisdiction of the superior judiciary, reportedly through the proposed 27th Constitutional Amendment.

The petition — submitted by Barrister Ali Tahir — seeks judicial intervention against what it terms an attempt to “do away with the constitutional jurisdiction” of the Supreme Court and high courts, describing it as a direct threat to judicial independence and the separation of powers.

According to the plea, the proposed amendment aims to establish separate “Constitutional Courts” and transfer or curtail the existing powers of the superior judiciary under Articles 184(3) and 199 of the Constitution — provisions that enable the Supreme Court and high courts to enforce citizens’ fundamental rights.

“Such an attempt, if permitted to proceed, would fundamentally alter the constitutional framework, destroy the independence of the judiciary, violate the doctrine of separation of powers, and extinguish citizens’ right of access to justice,” the petition reads.

Respondents and Key Demands

The Federation of Pakistan, the Senate chairperson, and the National Assembly speaker have been named as respondents.

Barrister Tahir has urged the apex court to declare any move or proposal seeking to diminish or transfer the superior judiciary’s jurisdiction as unconstitutional and void.

He contends that the original jurisdiction of the Supreme Court under Article 184(3) is an inviolable and non-amendable feature of the Constitution — part of its basic structure that cannot be altered through any amendment or legislation.

The plea further requests the court to hold that establishing a parallel forum such as a “Constitutional Court” would be repugnant to Articles 175–191 of the Constitution, which define the structure and jurisdiction of the judiciary.

Preserving Judicial Independence

The petitioner has sought the court’s direction to restrain all state organs — including the federal government, Parliament, and the cabinet — from introducing, debating, or passing any bill that may undermine the judiciary’s constitutional authority.

“Any constitutional amendment that subordinates the judiciary to the executive or legislature, or undermines judicial review, is contrary to the supremacy of the Constitution and therefore void ab initio,” the petition states.

Barrister Tahir has also urged the Supreme Court to affirm its role as the “ultimate guardian of the Constitution”, empowered and obligated to preserve, protect, and defend its own jurisdiction against any encroachment.

Pending the final adjudication of the plea, the petitioner has requested interim restraint orders to prevent Parliament or the executive from taking any legislative or administrative steps toward enacting the 27th Constitutional Amendment Bill, 2025.

“Any step taken in violation of such restraint,” the petition warns, “shall be without lawful authority and subject to being set aside by this honourable court.”

The petition underscores that any alteration to the judiciary’s powers or structure would not only breach the Constitution’s fundamental framework but also undermine the citizens’ right to judicial protection and review — the cornerstone of Pakistan’s democratic order.
Tagged:

SupremeCourt

JudicialIndependence

PakistanConstitution

27thAmendment
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