Pakistan's 27th Amendment: Undermining Judicial Independence and Constitutional Order
Pakistan's 27th Amendment weakens Supreme Court, threatens constitutional governance and judicial independence.
Photo by Brett Jordan
Editorial Analysis
Pakistan's 27th Amendment undermines judicial independence and threatens constitutional governance by weakening the Supreme Court's role.
Main Arguments:
- The 27th Amendment (PCA) diminishes the Supreme Court's role by transferring original jurisdiction over constitutional interpretation and fundamental rights to a newly created Federal Constitutional Court (FCC).
- This shift weakens the Supreme Court's position as the final guardian of the Constitution and makes it vulnerable to executive influence.
- The author argues that this amendment unsettles the balance of power and risks transforming the Constitution from a shield into a tool of governance.
- The weakening of judicial independence carries cautionary lessons for India, emphasizing the importance of respecting institutional boundaries and a shared commitment to restraint.
Counter Arguments:
- Some may argue that the FCC is necessary to address specialized constitutional issues. However, the author contends that this undermines the Supreme Court's authority and creates opportunities for executive influence.
- Others may claim that the amendment is a necessary measure to ensure stability and security. However, the author argues that it risks undermining fundamental rights and democratic principles.
Conclusion
Policy Implications
Pakistan's legislature passed the 27th Amendment (PCA), which diminishes the Supreme Court's role by transferring original jurisdiction over constitutional interpretation and fundamental rights to a newly created Federal Constitutional Court (FCC). This shift weakens the Supreme Court's position as the final guardian of the Constitution and makes it vulnerable to executive influence.
The author argues that this amendment unsettles the balance of power and risks transforming the Constitution from a shield into a tool of governance. The weakening of judicial independence carries cautionary lessons for India, emphasizing the importance of respecting institutional boundaries and a shared commitment to restraint.
Key Facts
27th Amendment (PCA) passed: November 2025
FCC created: Transfers jurisdiction from Supreme Court
UPSC Exam Angles
GS Paper II: Constitution, Polity, Governance
Separation of Powers, Judicial Review, Constitutional Amendments
Statement-based MCQs on constitutional bodies and their functions
Visual Insights
Location of Pakistan's Supreme Court and Proposed Federal Constitutional Court
This map shows the location of Pakistan's Supreme Court in Islamabad and the proposed location for the Federal Constitutional Court (FCC). The FCC's establishment impacts judicial independence.
Loading interactive map...
More Information
Background
The concept of judicial review and the separation of powers, cornerstones of constitutionalism, have deep historical roots. The idea that courts can review legislative actions dates back to cases like Marbury v. Madison in the United States (1803), which established the principle of judicial review.
In the context of Pakistan, the judiciary's role has been shaped by various constitutional experiments and military interventions. The Objectives Resolution of 1949, which declared that sovereignty belongs to Allah, laid the groundwork for incorporating Islamic principles into the legal system. This has often created tensions between secular constitutional principles and religious interpretations, impacting the judiciary's independence and its ability to uphold fundamental rights.
The repeated abrogation and suspension of constitutions in Pakistan's history have further complicated the evolution of judicial power and its relationship with the executive and legislature.
Latest Developments
In recent years, Pakistan has witnessed a series of political and legal challenges that have tested the resilience of its constitutional framework. The judiciary has faced increasing pressure from both the government and the public, particularly in high-profile cases involving political leaders. The rise of social media and digital platforms has also amplified public scrutiny of judicial decisions, leading to increased polarization and mistrust.
Looking ahead, the future of judicial independence in Pakistan will depend on the ability of the judiciary to assert its authority and resist political interference. The implementation of judicial reforms, aimed at improving efficiency and transparency, will also be crucial in strengthening public confidence in the legal system. Furthermore, the ongoing debate over the role of Islamic law in the constitution will continue to shape the contours of judicial decision-making and its impact on fundamental rights.
Frequently Asked Questions
1. What are the key facts about Pakistan's 27th Amendment (PCA) relevant for the UPSC Prelims exam?
The 27th Amendment (PCA) was passed in Pakistan in November 2025. It establishes a Federal Constitutional Court (FCC) by transferring jurisdiction from the Supreme Court. This shift impacts the Supreme Court's role in constitutional interpretation and fundamental rights.
Exam Tip
Remember the year 2025 and the creation of the FCC. Focus on the shift of power from the Supreme Court.
2. Why is Pakistan's 27th Amendment in the news recently?
The 27th Amendment is in the news because it weakens the Supreme Court's power and threatens judicial independence. This has raised concerns about the balance of power and the future of constitutional governance in Pakistan.
3. What is the main impact of the 27th Amendment on the Supreme Court of Pakistan?
The 27th Amendment diminishes the Supreme Court's role by transferring original jurisdiction over constitutional interpretation and fundamental rights to the newly created Federal Constitutional Court (FCC). This weakens its position as the final guardian of the Constitution.
4. How does the 27th Amendment potentially impact common citizens in Pakistan?
By weakening judicial independence, the 27th Amendment could make it harder for citizens to seek justice and protect their fundamental rights. The shift in power might make the Constitution a tool of governance rather than a shield for citizens.
5. What are the related concepts to Pakistan's 27th Amendment that are important for UPSC?
Related concepts include Judicial Independence, Separation of Powers, Constitutional Amendment, and Judicial Review. Understanding these concepts is crucial for analyzing the implications of the amendment.
6. What is the historical background to the concept of judicial review, relevant to understanding the 27th Amendment?
The concept of judicial review dates back to cases like Marbury v. Madison in the United States (1803), which established the principle that courts can review legislative actions. This principle is fundamental to understanding the role of the judiciary in protecting the constitution.
7. What is the constitutional or legal basis that allows Pakistan to make amendments like the 27th Amendment?
Constitutional amendment processes are typically outlined within a country's constitution. While the specific article allowing Pakistan's 27th Amendment isn't provided, most constitutions have a mechanism for amendments, though the specifics vary.
8. What are the potential pros and cons of creating a Federal Constitutional Court (FCC) as done by the 27th Amendment?
Potential pros are faster resolution of constitutional matters and specialized expertise. Cons include weakening the Supreme Court, potential for executive influence over the FCC, and duplication of judicial functions.
9. What are some recent developments in Pakistan's political and legal landscape that provide context for the 27th Amendment?
Recent developments include political and legal challenges that have tested the resilience of Pakistan's constitutional framework. The judiciary has faced increasing pressure, particularly in high-profile cases involving political leaders.
10. Who are some key personalities or legal thinkers whose ideas are relevant to the debate around Pakistan's 27th Amendment?
Key personalities include Vanshaj Azad, A.V. Dicey, and Edward Coke. Their ideas on judicial independence, separation of powers, and constitutionalism are relevant to understanding the implications of the amendment.
Practice Questions (MCQs)
1. Consider the following statements regarding the separation of powers doctrine: 1. It advocates for a complete and absolute division of functions among the three branches of government. 2. The doctrine aims to prevent tyranny by ensuring no single branch accumulates excessive power. 3. In practice, a system of checks and balances often modifies the strict separation of powers. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is INCORRECT: The separation of powers doctrine does NOT advocate for a complete and absolute division. A degree of overlap and cooperation is necessary for effective governance. Statement 2 is CORRECT: A core aim is to prevent tyranny by dispersing power. Statement 3 is CORRECT: Checks and balances, such as judicial review and legislative oversight, modify the strict separation in practice. Therefore, only statements 2 and 3 are correct.
Source Articles
The 27th amendment, Pakistan’s democratic dilemma
Opposition vows nationwide protests as Pakistan moves to pass 27th Constitutional Amendment - The Hindu
How Pakistan’s judiciary is being undermined | Explained - The Hindu
Pakistan's National Assembly passes 27th Constitutional Amendment Bill - The Hindu
Lawyers in Pakistan’s Lahore announce strike against constitutional amendment - The Hindu