ISLAMABAD: In a stunning development that has sent shockwaves through Pakistan’s judicial and political landscape, Supreme Court Justices Mansoor Ali Shah and Athar Minallah have tendered their resignations following the passage of the 27th Constitutional Amendment — a move both judges described as a direct assault on the Constitution and the independence of the judiciary.
Justice Mansoor Ali Shah, in his detailed 13-page resignation letter addressed to President Asif Ali Zardari, condemned the amendment as a “serious violation of constitutional integrity,” warning that it had fragmented the Supreme Court’s authority. He cautioned that such legislative changes “weaken the foundations of justice” and erode the very principles the judiciary was sworn to protect.
Justice Athar Minallah, in his resignation note, echoed the same sentiments, asserting that the Constitution he had pledged to uphold “no longer remains intact.” He described the amendment as an act that has “stripped the Constitution of its spirit and silenced the voice of judicial independence.”
The 27th Amendment, recently enacted by Parliament, establishes a Federal Constitutional Court (FCC) — transferring key appellate and advisory powers from the Supreme Court to the new body. Legal experts and observers argue that this amendment effectively dilutes the Supreme Court’s central role and threatens the separation of powers enshrined in Pakistan’s democratic framework.
In his parting words, Justice Shah urged his fellow judges and the Chief Justice of Pakistan, Yahya Afridi, to reflect on the legacy they would leave behind: “History does not remember those who remain silent. It remembers those who stand for the supremacy of the Constitution.” Justice Minallah, in his letter, lamented that what now remains of the Constitution is “a mere shell — one that no longer breathes the spirit of the people.”
The dual resignations mark an unprecedented moment in Pakistan’s judicial history, raising serious concerns about the future of judicial independence. Political analysts believe this episode will deepen the rift between the judiciary and the government, triggering a potential constitutional confrontation that could redefine Pakistan’s institutional balance.
The coming days are likely to test the resilience of the country’s democratic system — and determine whether the judiciary can withstand political pressure amid sweeping constitutional changes.
This story has been reported by PakTribune. All rights reserved.