Date: 14/11/2025
Statement No: CW/11/25/S/T/7
The Twenty-Seventh Constitutional Amendment—A Direct Assault on the Separation of Powers and Judicial Independence
The enactment of Pakistan’s Twenty-Seventh Constitutional Amendment marks a watershed moment in the nation’s constitutional history, signaling a perilous trajectory towards the systemic erosion of foundational democratic principles. Constitution Watchdog views this legislation, now formally assented by the Presidency, not as constitutional reform, but as a calculated and multi-faceted institutional subversion.
The most immediate and destructive impact is the dismantling of the Supreme Court’s constitutional supremacy. By creating a parallel Federal Constitutional Court (FCC) and transferring core constitutional interpretation and jurisdiction away from the apex court, the amendment effectively reduces the Supreme Court to a final appellate body for ordinary matters. This transfer of authority, coupled with government control over judicial appointments and transfers within the new framework, fundamentally compromises the independence of the superior judiciary and tightens executive influence over the only remaining check on state power. The public, principled resignations of Justices Mansoor Ali Shah and Athar Minallah serve as a powerful, unambiguous judicial protest, affirming that the integrity of the constitutional order has been irreparably damaged.
Furthermore, the amendment codifies an unprecedented level of military authority into the constitutional structure. The creation of the Chief of Defence Forces (CDF) role, unifying command under the Army Chief, is paired with a staggering provision granting lifelong immunity from criminal prosecution to five-star rank officers. This action places the most powerful military officer in the state above the law and beyond judicial accountability—a constitutional overreach that effectively enshrines military supremacy and civilian subordination.
Constitution Watchdog unequivocally condemns these amendments as a drastic step toward authoritarianism. The legislation undermines the delicate balance of powers, cripples judicial oversight, and institutionalizes a lack of accountability, shaking the very foundations of Pakistan’s constitutional democracy. The Supreme Court is now morally and legally obligated to exercise its residual power of review to safeguard the fundamental character of the Constitution. We call upon the legal community and civil society to unify in demanding a restoration of the constitutional balance of power.
Statement Issued By
Md. Ibrahim Khalilullah
President
Constitution Watchdog (CW)
