Has Pakistan's Judicial Independence Been Undermined?
Synopsis
Key Takeaways
Islamabad, Jan 8 (NationPress) The appeal from the human rights organization Amnesty International for a reassessment of the 27th amendment serves as a crucial reminder that the foundation of constitutional legitimacy is built on restraint rather than the accumulation of power, according to an editorial from Pakistan's prominent daily, The Express Tribune. The editorial emphasizes that the rule of law becomes precarious if judicial autonomy is compromised, stating that a conditional rule of law is equivalent to no rule at all.
"The warning issued by Amnesty International — which asserts that the amendment represents a long-term threat to judicial independence and the right to a fair trial — must be treated with the utmost seriousness. Central to these concerns is the creation of a Federal Constitutional Court (FCC). The decisions made by the FCC are binding on all other courts, including the Supreme Court, while the FCC itself is not bound by the Supreme Court's legal precedents. This creates a significant rupture in the legal framework," detailed The Express Tribune.
The editorial noted that constitutional law is dependent on continuity and established precedents.
"Disrupting this continuity leads to legal ambiguity and varied interpretations of the law — which are hardly signs of a healthy justice system. The President's appointment of the chief justice and judges, based on the Prime Minister's advice and bypassing the Judicial Commission of Pakistan, directly undermines the principle of separation of powers," it further stated.
The editorial highlighted that public trust in just decision-making diminishes whenever appointments are influenced by political considerations, addressing the controversial amendment.
"Pakistan's history with its constitution provides sobering lessons. Each time judicial independence has been sacrificed for expediency, it has been the citizens that have borne the consequences. Amnesty International's call for an immediate review of the 27th amendment is a reminder that constitutional legitimacy is rooted in restraint, not in the concentration of power. If judicial freedom is restricted, the rule of law becomes conditional — and a conditional rule of law is no rule at all," it asserted.
Earlier this week, Amnesty International characterized the 27th Constitutional Amendment in Pakistan as a "notable regression" and "a direct and ongoing assault on judicial independence." They urged Pakistani authorities to undertake all necessary actions to safeguard the impartiality, independence, and safety of judges, ensuring they can perform their judicial roles without unwarranted interference.
"The 27th amendment to the Constitution, enacted in November 2025, signifies a major regression and is part of a direct and sustained assault on judicial independence, the right to a fair trial, and the rule of law in Pakistan. The amendment contravenes international human rights law, particularly by undermining the judiciary's independence and providing officials with lifetime immunity from accountability," stated a release from the Amnesty International South Asia Regional Office on X.
"Amnesty is advocating for an immediate review of the constitutional amendment and calls on Pakistani authorities to promptly implement all necessary measures to protect the impartiality, independence, and safety of judges, ensuring they can carry out their judicial duties free from inappropriate interference. Pakistani authorities must honor their international human rights commitments, guarantee access to justice and effective remedies, and uphold the separation of powers and the rule of law," it added.