Pakistan’s 27th Amendment Raises Alarming Threats to Judicial Independence and Human Rights

Author: Aamnah Fatima Khan

November 18, 2025

HRRC condemns this act as a grave violation of fundamental freedoms, including the right to dissent, fair legal process and protection from arbitrary punishment. We urge the authorities to immediately stop all rights-abusing measures, uphold international human rights obligations, and ensure that no individual is persecuted for practising basic civil liberties.

Members of the media and security personnel at the main entrance of the National Assembly in Islamabad, Pakistan. The lower house of parliament is expected to vote on a constitutional amendment on November 11, 2025 [Image credit: Anjum Naveed/AP Photo]

The 27th Constitutional Amendment represents one of the most sweeping restructurings of Pakistan’s constitutional order since 1973, possibly threatening the safety of the country’s people and the strength of its democracy. By concentrating authority in the executive and weakening the judiciary's independence, the amendment creates conditions that directly threaten the protection, enforcement and future of fundamental human rights in Pakistan. 

At the center of this change is the creation of the Federal Constitutional Court (FCC), which replaces the Supreme Court as the guardian of constitutional rights and federal checks. Removing the Supreme Court’s historic role in reviewing government actions undermines the country’s highest safeguard against rights violations, particularly for minorities, political dissenters and vulnerable groups who rely on the judiciary.

The amendment allows the Prime Minister and President to directly appoint the first Chief Justice and initial judges of the FCC, bypassing transparent, independent selection and democratic mechanisms. Such executive control over constitutional adjudication threatens the impartiality of rights enforcement, as courts may become less willing or less able to challenge abuses of power, arbitrary detentions, censorship, discrimination or violations of due process. 

Further weakening human rights protections, the revised Judicial Commission of Pakistan allows the transfer of High Court judges without their consent and allows secret actions against those who resist. This undermines the job security of judges, a cornerstone of international human rights standards, and enables subtle coercion, silencing of independent judges and restriction of the courts’ ability to safeguard fundamental freedoms.

The amendment also centralizes military authority by replacing the Chairman Joint Chiefs of Staff Committee with a more powerful Chief of Defense Forces, thus reducing democratic checks. An environment where democratic supervision is weak increases the risk of unchecked security operations, enforced disappearances, suppression of civic freedoms and violations of the right to life and liberty. 

Moreover, the amendment grants lifetime immunity to top civilian and military leaders. Such blanket protections directly contravene the principle of equality before the law and eliminate avenues for victims seeking justice for abuses, including torture, custodial deaths, corruption or unconstitutional actions.

While the government argues the reforms will improve efficiency, human rights experts warn that centralizing power and weakening the national courts' ability to check the government will leave citizens with fewer protections against state overreach, politically motivated prosecutions and discrimination.

The resignations of senior Supreme Court judges and strong concerns from civil society signal the severity of the human rights implications. Without meaningful safeguards, the amendment risks reshaping Pakistan’s constitutional landscape into one where accountability erodes and fundamental rights become increasingly vulnerable to violation. 

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Glossary

• Accountability – being responsible for one’s actions

• Adjudication – the act of making a formal judgment or decision

• Amendment – a change or addition to a law or document

• Arbitrary – based on personal choice or whim, rather than rules or reason

• Avenues – ways or methods to achieve something

• Censorship – suppression of speech, information, or ideas

• Centralizing – concentrate (control of an activity or organization) under a single authority.

• Civil liberties – basic rights and freedoms guaranteed to individuals

• Civil Society – The "third sector" of society, comprising non-governmental organizations and institutions like charities, community groups and associations that operate independently of the state and market.

• Coercion – forcing someone to do something against their will

• Condemns – strongly disapproves of something

• Consent – permission or agreement

• Contravene – to violate or go against a law or rule

• Cornerstone – a fundamental or essential part of something

• Custodial deaths – deaths that occur while a person is in police or state custody

• Discrimination – unfair treatment based on characteristics like race, gender, or religion

• Dissent – disagreement with authority or prevailing ideas

• Due process – fair treatment through the normal judicial system.

• Enforcement – the act of making sure laws or rules are obeyed

• Erode – gradually weaken or destroy

• Executive – the branch of government responsible for implementing laws

• Impartiality – fairness; not favoring any side

• Lifetime immunity – Lifetime protection against any legal measure. 

• Judiciary – a country's court system.

• Judicial Independence – The ability of the judicial branch to act or perform its duties without any interference or pressure. 

• Overreach – going beyond proper limits of authority or power

• Prosecutions – legal actions taken against someone accused of a crime

• Reforms – changes made to improve a system or institution

• Remedies – ways to correct or make up for a problem

• Resignations – acts of formally leaving a job or position

• Scrutiny – careful examination

• Undermines – to make (someone or something) weaker or less effective usually in a secret or gradual way.

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Sources

1. https://www.dawn.com/news/1955038

2. https://www.icj.org/pakistan-dismantling-justice-a-full-frontal-assault-on-the-rule-of-law/

3. https://apnichatapnaghar.com.pk/27th-constitutional-amendment-in-pakistan/

4. https://www.aljazeera.com/news/2025/11/11/how-would-pakistans-27th-amendment-reshape-its-military-and-courts