Senior Supreme Court judges Justice Mansoor Ali Shah and Justice Athar Minallah have submitted their resignations to the President of Pakistan following the passage and presidential assent of the controversial 27th Constitutional Amendment. Both judges expressed deep concerns that the amendment undermines judicial independence and delivers a severe blow to Pakistan’s constitutional democracy.
Justice Mansoor Ali Shah, in his resignation submitted in both English and Urdu, stated that the 27th Constitutional Amendment has fractured the Supreme Court and placed the judiciary under government control. He warned that the legislation has divided the judiciary and reversed decades of progress, describing it as a serious setback to democratic principles. In a prior letter to Chief Justice Yahya Afridi, Justice Shah had emphasized the need for unity in the judiciary, noting that history honours those who stand for constitutional supremacy rather than remain silent. He also questioned the justification for a new amendment while unresolved issues from the 26th Constitutional Amendment remain pending.
Justice Athar Minallah, in his resignation letter, reflected on the oath he took 11 years ago to uphold not just “a constitution” but “the Constitution.” He lamented that the passage of the 27th Amendment has realized his earlier fears regarding the erosion of constitutional order. Justice Minallah described the Constitution as “no more” and warned that the new foundations laid under the amendment rest upon its “grave,” leaving only a shadow of its spirit. He also highlighted the symbolic significance of judicial robes as a reminder of the trust vested in judges, emphasizing that they should represent integrity and accountability rather than complicity.
The resignations come ahead of the establishment of a Federal Constitutional Court under the 27th Amendment, with Justice Aminuddin Khan expected to be appointed as its Chief Justice. Both Justices Mansoor Ali Shah and Athar Minallah have expressed concerns that the amendment diminishes judicial authority and could compromise the independence of constitutional adjudication in Pakistan.