Qaseem Shah: Supreme Court Justices Mansoor Ali Shah and Athar Minallah resigned on Thursday, only hours after President Asif Ali Zardari signed the 27th Constitutional Amendment Bill into law.
In his resignation letter, Justice Mansoor Ali Shah termed the amendment “a grave assault on the Constitution of Pakistan,” asserting that it dismantles the Supreme Court’s authority, subjects the judiciary to executive control, and weakens constitutional democracy. He wrote that by fracturing the unity of the apex court, the amendment has “crippled judicial independence,” adding that staying on would amount to “silent approval of a constitutional wrong.”
Justice Shah noted that, unlike the 26th Amendment, the new law strips the Supreme Court of its power to review constitutional matters. “Serving in such a diminished court, I cannot protect the Constitution,” he stated.
Justice Athar Minallah, in his resignation, expressed deep dismay, saying the Constitution he swore to defend is “no more.” He recalled writing to the Chief Justice of Pakistan before the amendment’s passage, warning that its provisions endangered the constitutional order. “What remains is a shadow of the Constitution devoid of its spirit and voice,” he lamented.
Sources confirmed that President Zardari will administer the oath to the Chief Justice of the newly formed Federal Constitutional Court (FCC) on Friday, marking the formal implementation of the amendment.
The president’s assent followed Senate approval earlier in the day, where 64 senators voted in favour and four opposed the bill amid opposition protests.
The 27th Amendment establishes the Federal Constitutional Court, restores executive magistrates, and redefines judicial and administrative powers, making it one of the most consequential constitutional changes in recent history.
