‘Justice system dismantled in Pakistan:’ ICJ reacts to 27th Amendment

The International Commission of Jurists (ICJ) has sharply condemned Pakistan’s newly passed 27th Constitutional Amendment, calling it a “flagrant attack on the independence of the judiciary and the rule of law.”  The ICJ warned that the changes fundamentally weaken judicial autonomy, disrupt checks on executive power and affect the protection of fundamental rights.

The organisation said that together with the 26th Amendment, passed just a year earlier, the new law restructures Pakistan’s judicial system in ways that gravely threaten its independence.

The ICJ identified some major areas of concern, each representing a significant shift in Pakistan’s constitutional framework.

Establishment of a powerful Federal Constitutional Court (FCC)

The FCC will have exclusive authority over federal–provincial disputes, fundamental rights petitions, and all cases involving constitutional interpretation. 

All pending matters falling under this jurisdiction will automatically shift to the FCC. 

Crucially, FCC rulings on questions of law will bind all courts, including the Supreme Court, reducing the latter for non-constitutional matters.

Political control over appointment of FCC judges

The amendment gives the President, on the Prime Minister’s advice, the power to appoint the first Chief Justice and the initial batch of FCC judges. 

Parliament may later fix the number of judges. The ICJ warns that these appointments lack objective criteria, transparency and independence and standards required under international law. 

Moreover, FCC judges will sit on bodies responsible for judicial appointments and accountability, giving executive-appointed judges influence over the entire judiciary.

Political interference in selection of Chief Justices

Following changes introduced in the 26th Amendment, the 27th extends the same system to the FCC. A Special Parliamentary Committee, composed of lawmakers, will choose the Chief Justice from among senior judges.

The ICJ says this mechanism lacks merit-based criteria, opens the process to political bargaining, and undermines the tradition of seniority that previously protected the judiciary from executive interference.

Politicised Judicial Commission of Pakistan (JCP)

The amendments restructure the JCP, reducing the proportion of judges and increasing political nominees. 

Because the FCC’s Chief Justice and senior judge will initially be executive appointees, the ICJ warns that the JCP will be vulnerable to political influence. 

Transfer of High Court judges without consent

Amended Article now allows the JCP to transfer High Court judges between provinces without their consent, reversing decades-old protections. 

Any judge who refuses transfer faces potential disciplinary action and temporary removal from judicial duties. The ICJ says this creates an intimidating mechanism vulnerable to abuse and inconsistent with international standards.

Lifetime immunities for the President and top military ranks

The 27th Amendment grants former Presidents lifelong immunity from criminal arrest and prosecution, extending protections previously available only during their term in office. 

It also gives lifetime immunity to honorary military ranks such as Field Marshal, Admirals and chief of the Air Force. 

The ICJ warns that these protections will eliminate accountability and violate the core rule of law principle that no official is above the law.

The ICJ concluded that the reforms collectively represent “a grave dismantling of the rule of law” in Pakistan and urges officials only to enforce the amendments in ways consistent with human rights standards.