Pakistan’s ‘structural assault’ on judicial independence condemned by global legal bodies

Pakistan’s new constitutional court, backed by President Zardari’s amendment, sparks international outcry over judicial independence

The International Bar Association Human Rights Institute (IBAHRI) has condemned Pakistan’s recent constitutional amendments as a direct “structural assault” on the country’s judicial independence, warning of long-term repercussions for constitutional governance and fundamental rights protections. Signed into law this month by President Asif Ali Zardari, the controversial 27th amendment establishes a new constitutional court under executive control, heightening concerns about the erosion of judicial autonomy.

IBAHRI co-chair Mark Stephens criticised the amendment as a deliberate strategy to subordinate the judiciary, asserting that it aims to institutionalise political control and place the country’s highest-ranking military and political leaders above the law. “This amendment is not just a constitutional change, it’s an attempt to destroy the independence of Pakistan’s judiciary,” he said. “It turns the Supreme Court into a puppet of the executive, undermining the very foundation of democratic governance in Pakistan.”

One of the amendment’s key provisions is the creation of a permanent Federal Constitutional Court (FCC), which will be controlled by the executive. This new court, Stephens argued, would significantly weaken the Supreme Court’s role as an independent constitutional arbiter. In addition, the amendment grants the president the power to transfer judges without their consent or consultation with the chief justice. Judges who refuse a transfer will face disciplinary proceedings, further diminishing their autonomy.

The amendment also introduces lifetime immunity from both criminal and civil proceedings for the president, as well as for high-ranking military officers, including field marshals, admirals, and air force marshals. Such provisions, according to IBAHRI co-chair Hina Jilani, represent a mockery of the principle of accountability, creating a system where some of the country’s most powerful figures are shielded from prosecution. “This amendment undermines equality before the law and threatens judicial independence,” Jilani said, emphasising that the systematic harassment and forced transfers of judges are designed to ensure political control over the judiciary.

The international legal community has expressed grave concern about these changes. Baroness Helena Kennedy, director of IBAHRI, warned that the erosion of judicial independence poses a severe threat to the rule of law, which is essential to any democratic society. “An independent judiciary is fundamental to the protection and respect of the rule of law,” Kennedy said. “By constitutionally shielding officials from criminal scrutiny, Pakistan not only undermines accountability but also fails to safeguard human rights. The coercion of judges and the undermining of their autonomy cannot be allowed to continue.”

The constitutional changes have sparked a wave of protests within Pakistan. Senior judges, including Justice Mansoor Ali Shah, the second most senior judge in the Supreme Court, have resigned in protest. Opposition lawmakers have also condemned the amendments, accusing the government of seeking to weaken the judiciary’s independence.

The legal watchdogs are urging the international community to speak out against these amendments and advocate for the protection of judicial independence in Pakistan. The newly established FCC and the erosion of judicial protections signal a dangerous trend that could have far-reaching consequences for the legal and political landscape of the country.

In a statement, the IBAHRI reiterated its call for Pakistan’s government to reconsider these changes, asserting that the country’s constitution must uphold judicial independence as a cornerstone of democracy. “The rule of law is the bedrock of any just society,” the IBAHRI said. “The international community must unite to oppose these amendments and ensure that Pakistan’s judiciary remains independent, fair, and accountable to the people it serves.”