Warns that new FCC, expanded immunity and rushed passage threaten rule of law and fair trial rights
National Assembly. Photo: File
Amnesty International said Pakistan’s 27th constitutional amendment was part of a “concerted and sustained attack on the independence of the judiciary, the right to a fair trial and the rule of law”, urging authorities to urgently undertake a review of the legislation.
In a detailed public statement released Tuesday, Amnesty said the amendment poses a “serious threat” to judicial independence by creating a Federal Constitutional Court (FCC) that “lacks independence, undermines the security of justice of judges, and shields the president and the heads of the naval, army and air forces from accountability.”
The 27th Constitutional Amendment constitutes a radical change to the Pakistani Constitution which restructures the country’s judicial and military framework. It creates a Federal Constitutional Court whose decisions bind all other courts, including the Supreme Court, while granting the executive decisive influence over the appointments and transfers of judges.
The amendment also rewrites key defense-related provisions, changes the military command structure and extends constitutional protection and immunity to the president and top military officials, moves that critics say undermine judicial independence, weaken checks and balances and concentrate power within the executive branch.
Read: President signs 27th Amendment bill
“The Twenty-Seventh Constitutional Amendment is the crescendo of a concerted and sustained attack on the independence of the judiciary, the right to a fair trial and the rule of law in Pakistan,” the rights body said.
He called on Pakistani authorities to urgently review the amendment to “ensure that all its provisions are fully consistent with Pakistan’s obligations and commitments under international human rights law.”
Amnesty said the amendment was “submitted to Parliament” without consulting civil society, legal circles or opposition parties, despite its “considerable consequences”.
The day the amendment became law, two senior Supreme Court judges resigned in protest, Amnesty noted, adding that a Lahore High Court judge also resigned two days later.
The Supreme Court’s longest-serving former judges, Justices Mansoor Ali Shah and Athar Minallah, resigned after Parliament approved the 27th constitutional amendment. In his 13-page resignation letter, Justice Shah called the amendment “a serious attack on the Constitution of Pakistan,” saying it had “fragmented the Supreme Court” and undermined its institutional authority.
In another blow to the judiciary, Lahore High Court judge Shams Mehmood Mirza also tendered his resignation, apparently in protest against the adoption of the 27th constitutional amendment.
The organization recalled that the amendment was adopted a few days after its submission, the project having been made public just a few hours before its presentation to the Senate.
UN High Commissioner for Human Rights Volker Türk described the amendment as being “hastily adopted” and lacking “broad consultations and debates with the legal community and broader civil society,” he said.
Amnesty said the 27th Amendment further weakens judicial independence already “significantly eroded” by the 26th Constitutional Amendment adopted in October 2024.
He noted that the 26th Amendment changed the composition of the Judicial Commission of Pakistan (JCP) by adding members of Parliament, thereby reducing judges to a minority, a move that “risks politicizing” judicial appointments.
Learn more: In Pakistan, even judges are now judged
The previous amendment also transferred key constitutional powers from the Supreme Court to the newly created constitutional benches, which were later abolished under the 27th Amendment and replaced by the FCC.
“The Federal Constitutional Court now binds all other courts, including the Supreme Court, without being bound by past or present judgments of the Supreme Court,” Amnesty said, warning that this could create confusion, delays and inconsistent constitutional interpretation.
Concerns over nominations
Amnesty expressed serious concerns about the FCC appointment process, pointing out that the president, on the advice of the prime minister, appointed the first chief justice and judges to the new court, bypassing the JCP.
“These initial appointments raise concerns about direct political interference by the executive branch,” the statement said, adding that future appointments also remain problematic given the current composition of the JCP.
The organization also criticized amendments allowing the president to transfer High Court judges without their consent, warning that transfers could be used as a punitive tool against judges rendering unfavorable rulings.
Amnesty also reported changes granting lifetime immunity to the president and extending similar protections to senior military officials, calling the provisions “broad and absolute.”
“The extension of lifetime immunity violates the principle of equality before the law and the right to an effective remedy,” the organization said, warning that the changes pave the way for “uncontrolled and arbitrary use of power.”
Attacks on the judiciary
The rights body placed the constitutional changes in the context of what it described as an increase in attacks on the justice system over the past two years.
It recalls a March 2024 open letter from six judges of the Islamabad High Court detailing allegations of intimidation by intelligence agencies, surveillance and threats related to politically sensitive cases, particularly those involving former Prime Minister Imran Khan.
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Amnesty also cited threats against judges, online smear campaigns, anonymous complaints and the dismissal of Judge Tariq Mehmood Jahangiri in December 2025, which it said raised serious due process concerns.
Amnesty urged Pakistani authorities to “immediately take all appropriate measures to ensure the impartiality, independence and safety of judges”.
“The authorities must respect their international human rights obligations, guarantee access to justice and effective remedies for victims, and respect the separation of powers and the rule of law,” the statement said.
