Crisis brewing? How Pak is dismantaling its judiciary - and giving more power to Munir
Pakistan’s judiciary is in a moment of crisis as senior judges resign amid a contentious constitutional amendment reshapes the balance of power in favour of the military. Behind the crisis is the contentious 27th Constitutional Amendment, a sweeping package pushed through parliament within days. Lawyers, judges and opposition parties argue that it has weakened the courts and elevated the military’s top commander to a position with no modern parallel.
Since then, Pakistan’s judiciary has been hit by a series of high-profile resignations. On Saturday, Lahore High Court judge Shams Mehmood Mirza stepped down, and his family said his decision was directly linked to the 27th Amendment. His departure followed those of Supreme Court justices Mansoor Ali Shah and Athar Minallah, who issued sharply worded letters condemning the amendment as a direct attack on judicial independence.
A judiciary under reconstruction
The creation of a new Federal Constitutional Court (FCC) lies at the heart of judicial restructuring. The FCC now holds exclusive jurisdiction over constitutional matters, stripping the Supreme Court of its original powers. Pending petitions have already been shifted to the new court. President Zardari swore in Justice Aminuddin Khan as its first chief justice; six other judges were appointed, including serving Supreme Court and high court judges, though one judge reportedly refused to join.
The FCC’s establishment has sparked intense concern. Critics say the president’s new power to transfer judges risks becoming a tool to sideline dissenting voices. Opposition groups argue this will fundamentally weaken judicial independence and concentrate constitutional authority in the executive and military leadership.
Government ministers, however, hailed the package as “historic” and a step toward greater efficiency and national unity. Prime Minister Shehbaz Sharif said the amendment proved that “solidarity” prevailed during a time of national strain.
With judges resigning, courts being reconfigured, and the military gaining unprecedented constitutional control, Pakistan faces a moment of reckoning.
Munir’s expanding power base
The amendment passed with overwhelming numbers in both houses has dramatically restructured Pakistan’s defence architecture, elevating army chief Asim Munir to Chief of Defence Forces with command over all three military branches. His five-year tenure now resets from the date of notification, enabling him to remain in office until 2030.
The Senate has since rushed through four related bills, including amendments to the Army, Air Force and Navy Acts, along with changes to Supreme Court practice rules. These laws remove the earlier equality among service chiefs and replace references to the Joint Chiefs of Staff system with a new “National Strategic Command”, further centralising military authority under Munir.
Dawn reported that appointments, extensions, and tenures under these reforms “shall not be called into question before any court on any ground whatsoever”.
Experts quoted in multiple reports warn that the shift risks internal military tensions and further erodes civilian oversight. Lawyer Osama Malik described the reforms as something “usually granted in absolute monarchies”, arguing they grant lifetime protections not only to Munir but also to President Zardari.
Opposition lawmakers responded with uproar, shredding copies of the bill and walking out. PTI leaders labelled the move “deeply undemocratic” and “the final nail in the coffin of an independent judiciary”. Critics say these changes could reshape the political landscape, particularly for nearly 200 cases involving former prime minister Imran Khan.
(With inputs from agencies)
Since then, Pakistan’s judiciary has been hit by a series of high-profile resignations. On Saturday, Lahore High Court judge Shams Mehmood Mirza stepped down, and his family said his decision was directly linked to the 27th Amendment. His departure followed those of Supreme Court justices Mansoor Ali Shah and Athar Minallah, who issued sharply worded letters condemning the amendment as a direct attack on judicial independence.
A judiciary under reconstruction
The creation of a new Federal Constitutional Court (FCC) lies at the heart of judicial restructuring. The FCC now holds exclusive jurisdiction over constitutional matters, stripping the Supreme Court of its original powers. Pending petitions have already been shifted to the new court. President Zardari swore in Justice Aminuddin Khan as its first chief justice; six other judges were appointed, including serving Supreme Court and high court judges, though one judge reportedly refused to join.
The FCC’s establishment has sparked intense concern. Critics say the president’s new power to transfer judges risks becoming a tool to sideline dissenting voices. Opposition groups argue this will fundamentally weaken judicial independence and concentrate constitutional authority in the executive and military leadership.
Government ministers, however, hailed the package as “historic” and a step toward greater efficiency and national unity. Prime Minister Shehbaz Sharif said the amendment proved that “solidarity” prevailed during a time of national strain.
With judges resigning, courts being reconfigured, and the military gaining unprecedented constitutional control, Pakistan faces a moment of reckoning.
Munir’s expanding power base
The amendment passed with overwhelming numbers in both houses has dramatically restructured Pakistan’s defence architecture, elevating army chief Asim Munir to Chief of Defence Forces with command over all three military branches. His five-year tenure now resets from the date of notification, enabling him to remain in office until 2030.
The Senate has since rushed through four related bills, including amendments to the Army, Air Force and Navy Acts, along with changes to Supreme Court practice rules. These laws remove the earlier equality among service chiefs and replace references to the Joint Chiefs of Staff system with a new “National Strategic Command”, further centralising military authority under Munir.
Dawn reported that appointments, extensions, and tenures under these reforms “shall not be called into question before any court on any ground whatsoever”.
Experts quoted in multiple reports warn that the shift risks internal military tensions and further erodes civilian oversight. Lawyer Osama Malik described the reforms as something “usually granted in absolute monarchies”, arguing they grant lifetime protections not only to Munir but also to President Zardari.
Opposition lawmakers responded with uproar, shredding copies of the bill and walking out. PTI leaders labelled the move “deeply undemocratic” and “the final nail in the coffin of an independent judiciary”. Critics say these changes could reshape the political landscape, particularly for nearly 200 cases involving former prime minister Imran Khan.
(With inputs from agencies)
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