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LAHORE:
The procedure for transfer and posting of judges of the higher judiciary under the 27th Constitutional Amendment has been challenged.
Asad Jamal filed a petition in the Lahore High Court (LHC) through Sameer Khosa, naming the Judicial Commission of Pakistan (JCP), the President of Pakistan and others as respondents.
According to the petition, the 27th Constitutional Amendment – passed on November 13, 2025 – introduced amendments to Articles 200 and 209 of the Constitution.
The sections deal with the procedure for transfer and posting of judges of the higher judiciary.
The petitioner expressed his fear that following this amendment, transfers of judges could take place for political reasons.
The petition claimed that the amendments to Sections 200 and 209 were unconstitutional and asked the LHC to declare the amendments null and void.
Article 200 of the Constitution deals with the transfer of judges between high courts. The President may transfer a High Court judge based on the recommendation of the JCP, with the JCP setting terms and conditions, including compensation.
The 27th Amendment introduced a provision stating that a judge who does not accept a transfer within 30 days is considered retired. Refusal of a transfer may result in possible disciplinary action by the Supreme Judicial Council (SJC) under Article 209.
Although a transferred judge’s seniority is based on the date of his or her initial appointment, he or she cannot be transferred to a court where he or she would be senior to the sitting chief justice.
Section 209 creates the SJC, which reviews the conduct of superior court judges.
