LAHORE: Another legal storm has erupted over the controversial 27th Constitutional Amendment, as a new petition has been filed before the Lahore High Court challenging its legality and potential impact on Pakistan’s judicial independence.
The plea, filed by Hassan Latif through his counsel, argues that the proposed amendment — which seeks to establish a Federal Constitutional Court (FCC) and transfer critical powers from the Supreme Court of Pakistan — strikes at the heart of the Constitution and threatens to dismantle the principle of separation of powers. The petitioner contended that the amendment contradicts the Preamble of the Constitution, which guarantees an independent judiciary as the cornerstone of democratic governance.
According to the petition, while the Senate has already approved the 27th Amendment and the National Assembly has introduced the bill, it has yet to receive the President’s assent. Until that happens, the petitioner argues, any executive or parliamentary action based on the proposed law would be unconstitutional and invalid.
The petition follows similar concerns raised earlier by former Chief Justice Jawwad S. Khawaja, who filed a plea before the Supreme Court urging the judiciary to safeguard its constitutional jurisdiction. Justice Khawaja’s petition warned that the amendment, if enforced, could “paralyse judicial review” by stripping the apex court of its authority to interpret the Constitution — a power it has exercised since Pakistan’s inception.
Legal experts and opposition leaders have voiced deep alarm over the amendment, calling it an “attempt to centralise control” and weaken the judiciary’s autonomy. They argue that creating a new Federal Constitutional Court will not only overlap existing judicial functions but also erode public trust in the justice system.
As the case moves forward, the Lahore High Court’s verdict is expected to set a defining precedent — one that could shape the future of constitutional governance, judicial independence, and the delicate balance of power between the legislature and the judiciary in Pakistan.
This story has been reported by PakTribune. All rights reserved.