Pakistan: Lawyers criticise 26th and 27th ‘Constitutional Amendments’, reject Federal Constitutional Court

Islamabad, Dec 7 (LatestNewsX) – Lawyers gathered in Pakistan on Sunday to denounce the 26th and 27th Constitutional Amendments, urging that the Constitution remain supreme and the judiciary stay independent, according to local media.

The gathering, organised by the Lahore High Court Bar Association and the Lahore Bar Association, passed a resolution that listed a range of demands and pointed out what the lawyers see as grave errors. It opened by rejecting the amendments, asserting that they have damaged the Constitution and weakened the judiciary, the Pakistani daily Dawn reported. The resolution also labelled the creation of the Federal Constitutional Court “unconstitutional” and described it as a “murder” of judicial independence.

Among the demands the resolution highlighted was the release of missing persons and all political leaders, such as PTI founder Imran Khan, PTI leaders Shah Mehmood Qureshi and Yasmin Rashid, Baloch activist Mahrang Baloch, and others whom lawyers say have been detained on fabricated charges. They argued that such arrests violate basic rights—life, liberty, equality, a fair trial, and due process.

The following month, on 28 November, UN High Commissioner for Human Rights Volker Turk voiced serious alarm over Pakistan’s latest constitutional amendments. He warned that they run counter to the separation of powers that underpins the rule of law and protects human rights in the country.

Turk noted that the newest amendment, like earlier ones, was adopted without broad consultation with the legal community or the public. According to the changes made on 13 November, the new Federal Constitutional Court will now handle constitutional matters, shifting those powers away from the Supreme Court, which will focus solely on civil and criminal cases.

“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” Turk said. He added that neither the executive nor the legislature should be able to direct or dominate the judiciary, and the courts must be insulated from political influence. “A core measure of judicial independence is a tribunal’s insulation from government interference. If judges are not independent, experience shows they struggle to apply the law fairly and uphold human rights when faced with political pressure,” he elaborated.

On 13 November, President Asif Ali Zardari signed the 27th Constitutional Amendment Bill, following its passage by both Houses of Parliament. With his assent, the bill became part of Pakistan’s Constitution. It grants lifetime immunity from criminal prosecution to the President, the Field Marshal, the Marshal of the Air Force, and the Admiral of the Fleet, according to the statement.

Turk cautioned that such sweeping immunity provisions undermine accountability—a cornerstone of the human rights framework—as well as democratic control over the armed forces. “I am concerned that these amendments risk far‑reaching consequences for the principles of democracy and the rule of law that the Pakistani people hold dear,” he added.

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