High court moved against 27th constitutional amendment

A petition has been filed with the Sindh High Court (SHC) to challenge the attempt to do away with the constitutional jurisdiction of the superior judiciary by means of the Constitution (Twenty-seventh Amendment) Bill, 2025, the setting up of a federal constitutional court, and the curtailment of the Supreme Court’s and the high courts’ jurisdictions under Article 184(3) and Article 199 of the constitution.

Ali Tahir said in his petition that the impugned amendment, if permitted to proceed, would fundamentally alter the constitutional framework, destroy the independence of the judiciary, violate the doctrine of the separation of power, and extinguish the citizens’ right of access to justice and judicial review.

Tahir also challenged all the steps taken in consequences of the impugned amendment, including the notification for the appointment of the chief justice of the federal constitutional court and other judges from the superior courts.

He said that no parallel or superior court can be established above the SC, and that such a construct would violate the basic structure of the constitution. He also said the impugned amendment passed on the pretext of reform in fact dismantles the core jurisdiction of the superior courts under article 184(3) and 199, and replaces it with executive-controlled and constituted constitutional benches in the high courts that lack both institutional legitimacy and public trust.

He added that the creation of constitutional benches exclusively in Sindh, and the exclusion of regular benches from hearing constitutional matters is a calculated attempt to sideline independent judicial scrutiny.

The petitioner said that these benches are not formed through transparent judicial processes but are instead now capable of being executive-chosen panels that have demonstrably failed to inspire public confidence.

He said that selective placement of cases and structural exclusion of regular benches from constitutional adjudication is a direct assault on the rule of law. Certain legal questions also arise due to the impugned amendment, as appeals from the election and tribunals also go to the SC, so it is unclear whether these appeals will go to the SC or the federal constitutional court, he added.

He also said the 27th amendment also provides lifetime immunity to Pakistan’s president and to the ranks of field marshal, admiral of the fleet and marshal of the air force, which is also against the spirit of the constitution.

He requested the court to declare the 27th amendment unconstitutional because it contravenes the basic structure of the constitution, and abridges judicial independence, impermissible ousts or impairs the jurisdiction of the SC and the high courts under articles 184 and 199.

He sought an injunction against the federal constitutional court, and an order to form a full bench of the SHC comprising judges, who were not appointed, designated or made beneficiaries by the impugned amendment, to hear the petition.