Pakistan’s legal community is deeply divided over the creation of the Federal Constitutional Court (FCC) following the approval of the 27th Amendment. Some lawyers support the move, saying it’s the parliament’s right to make such changes, while others argue that it threatens judicial independence.
The 27th Amendment, passed earlier this week by a two-thirds majority in Parliament, is one of the biggest changes to Pakistan’s constitution in years. It creates the FCC, which will now be responsible for interpreting the Constitution and handling cases related to fundamental rights—powers that were previously given to the Supreme Court.
The creation of this new court has caused a stir. Two senior judges from Pakistan’s highest courts resigned just hours after the amendment was signed into law. They described the move as a “grave assault” on Pakistan’s constitution.
Syed Wajid Gilani, the President of the Islamabad High Court Bar Association, said on Friday, “The Supreme Court was under a lot of pressure, and the idea of creating a Federal Constitutional Court has been in discussion for some time.” While some argue the court will affect people’s fundamental rights, Gilani doesn’t believe it will.
Barrister Husnain Haider, another lawyer, defended the amendment, stating that it was well within parliament’s constitutional right to pass it. He argued that the decision reflects parliament’s goal to bring a better balance between the judiciary and other branches of the government.
However, many critics believe the amendment is an attempt to control the judiciary. Senior lawyer Abdul Moiz Jaferii warned that the new court could end up becoming a “superstructure” that could undermine the power of the Supreme Court. He argued that the real purpose of the new court is to put judges in place who will support the government, which could weaken judicial independence.
Jaferii said this change could make judges less likely to challenge government actions, something that happens regularly in Pakistan’s courts.
On the other hand, some government ministers defended the amendment, saying it would help improve governance and judicial efficiency. Pakistan’s planning minister, Ahsan Iqbal, said that the idea of a constitutional court has had “national support” for nearly 20 years. He argued that it would help the Supreme Court focus on regular cases without being distracted by complex constitutional issues.
In response to the resignations of Justices Athar Minallah and Mansoor Ali Shah from the Supreme Court, President Asif Ali Zardari stated that the amendment has made the judiciary “more distant and more vulnerable to power.”
In short, while some see the new court as a necessary reform, many lawyers and judges believe it could harm the independence of Pakistan’s judicial system.