ISLAMABAD(National Times)- A constitutional petition has been filed in the Supreme Court of Pakistan’s Karachi Registry challenging the proposed 27th Constitutional Amendment, which the petitioner claims aims to curtail the constitutional jurisdiction and independence of the superior judiciary. The plea, filed by Barrister Ali Tahir, names the federal government, Chairperson of the Senate, Speaker of the National Assembly, and several others as respondents. It argues that the proposed amendment, if enacted, would undermine the powers of the high courts and the Supreme Court conferred under Articles 184(3) and 199 of the Constitution, violating the doctrine of separation of powers and the citizens’ right to judicial review.
Concerns over Judicial Independence
According to the petition, reports on the proposed 27th Amendment suggest the creation of new “Constitutional Courts” and a transfer or limitation of existing jurisdictions of the superior courts. Such a move, it argues, would fundamentally alter the constitutional framework and erode the judiciary’s independence – a pillar of Pakistan’s democratic system. Barrister Tahir stated that the attempt, if permitted, would destroy the balance between the three organs of the State and “extinguish the citizens’ right of access to justice”. He urged the apex court to declare any proposal or measure seeking to curtail or suspend the powers of the superior courts as unconstitutional, void, and of no legal effect. The petition draws parallels with the 2007 judicial crisis, recalling that the Supreme Court then had stopped judges from taking oath under the Provisional Constitutional Order (PCO) to preserve judicial independence. It adds that the same principle continues to apply today, reinforcing the court’s duty to protect its own constitutional authority.
Articles 184(3) and 199 in focus
Article 199 of the Constitution sets out the jurisdiction of the high courts, allowing them to issue writs to enforce fundamental rights, while Article 184(3) empowers the Supreme Court to assume jurisdiction in matters of public importance involving the enforcement of citizens’ rights. The petitioner contends that these provisions represent essential and non-amendable features of the Constitution and therefore cannot be altered or diminished through legislation or executive action. Any effort to create a parallel judicial structure, such as a separate Constitutional Court, would contradict Articles 175 to 191 of the Constitution, which govern the establishment and jurisdiction of Pakistan’s courts.
Plea for restraint orders
The petition calls upon the Supreme Court to restrain all state organs – including Parliament, the federal government, and other authorities – from initiating, debating, or passing any bill such as the proposed Constitution (Twenty-Seventh Amendment) Bill, 2025 that could affect the jurisdiction of the Supreme Court or high courts. It requests that no discussion, approval, or voting be undertaken in any parliamentary forum or committee regarding any such amendment until the plea is finally adjudicated. Any step taken in violation of this restraint, the petition asserts, should be deemed unlawful and without constitutional effect. The petitioner further urged the court to direct all state institutions to act strictly in accordance with the Constitution, uphold judicial independence, and refrain from any measure that weakens the powers or jurisdiction of the superior courts. The petition also asked the apex court to reaffirm its role as the “ultimate guardian of the Constitution”, empowered and obligated to defend the judicial framework against any encroachment, actual or imminent. During the pendency of the case, the petitioner requested interim directions to ensure that the authority and independence of the judiciary remain fully protected and unimpaired. Legal observers note that this petition could become a landmark case in defining the limits of constitutional amendment and the protection of judicial independence in Pakistan.
