PTBP Web Desk
The political and judicial landscape of Pakistan witnessed yet another significant development on Saturday when Justice Shams Mehmood Mirza of the Lahore High Court (LHC) tendered his resignation, becoming the first high court judge to step down following the approval of the 27th Constitutional Amendment. His resignation was formally submitted to President Asif Ali Zardari, marking a continuation of the deepening judicial crisis that began earlier this week.
Justice Mirza, who was appointed as an additional judge of the LHC in March 2014, was set to continue in service until March 6, 2028, the date of his scheduled superannuation. His sudden decision has raised concerns within legal and political circles, especially considering that his departure comes just days after two senior Supreme Court judges — Justice Mansoor Ali Shah and Justice Athar Minallah — resigned, citing grave objections to the newly approved constitutional changes.
Justice Mirza’s resignation adds momentum to the wave of judicial dissent surrounding the 27th Constitutional Amendment, a law that has been widely debated for its implications on judicial independence, military dominance, and constitutional restructuring. On November 13, the two Supreme Court judges shocked the nation with their departure, describing the amendment as an “attack on judicial independence.” Justice Mirza’s step has now extended this concern to the high court level, creating an unprecedented situation in Pakistan’s judicial history.
The 27th Constitutional Amendment has introduced sweeping changes to the structure of Pakistan’s governance system, sparking intense public debate. The law provides constitutional protection to top positions within the Armed Forces, the President, and introduces the formation of a new judicial body — the Federal Constitutional Court.
The amendment replaces and modifies several key clauses of the Constitution. Among its notable features is the insertion of the term “Federal Constitutional Court” into Clause 2-A of Article 6, which deals with high treason. According to the revised clause, no act of high treason can be validated by any court, including the Supreme Court, High Courts, or the newly formed Federal Constitutional Court. This substantial shift in judicial powers has been at the centre of criticism.
Another major revision pertains to the Armed Forces. Under the amendment, the Prime Minister, acting upon the recommendation of the Chief of Defence Forces, gains the authority to appoint a commander of the National Strategic Command from within the Pakistan Army.
Furthermore, any officer elevated to the rank of field marshal, marshal of the air force, or admiral of the fleet will retain their uniform, rank, and privileges for life. These high-ranking officials, described in the bill as national heroes, cannot be removed from their positions by the government. Instead, their removal can only occur through a Parliamentary impeachment process.
The amendment also grants these individuals judicial immunity for life, similar to that enjoyed by the President. Even after completing their service tenure, the federal government may assign them new roles in the national interest, further strengthening their institutional influence.
One of the most transformative parts of the amendment is the establishment of the Federal Constitutional Court, which will serve as a parallel judicial authority. Under the new system, the power to transfer high court judges will be handed to the Judicial Commission of Pakistan.
If any high court judge refuses to accept a transfer, the amendment states that they will be automatically considered retired.
A judge serving on the Federal Constitutional Court will hold office until the age of 68, while the Chief Justice of this court will retire after a fixed three-year term. This court’s rulings will be binding on all courts in Pakistan, including the Supreme Court, marking a fundamental shift in judicial hierarchy.
Additionally, neither the Supreme Court nor the Federal Constitutional Court will hold the authority to transfer any appeal or case from one high court to another. While all courts are bound by the Supreme Court’s decisions, the Constitutional Court’s rulings are placed above all others except in areas outside its jurisdiction.
The initial judges of this newly established court will be appointed by the President, based on the Prime Minister’s advice and after consultation with the Chief Justice of the Federal Constitutional Court.
In another major change, the amendment removes Article 184, the clause that grants the Supreme Court powers to initiate suo motu proceedings. This removal significantly limits the court’s ability to intervene in matters of public interest and reduces its oversight authority.
The law also provides lifelong immunity to the President, ensuring that no criminal proceedings can be initiated against the President at any point, even after leaving office. Similarly, no criminal action can be initiated against a governor during their tenure. Courts are barred from issuing any arrest or imprisonment order against them under this bill.
