Islamabad — In a dramatic development, senior judges of the Supreme Courtof Pakistan (SC), Syed Mansoor Ali Shah and Athar Minallah, have tenderedtheir resignations following the passage of the 27th ConstitutionalAmendment, amid growing concerns over judicial independence andconstitutional balance.——————————What has happened
– The 27th Amendment, already approved by the Senate, proposes sweeping changes to the judiciary and military leadership under Pakistan’s Constitution. – Justice Minallah has, in a letter to the Chief Justice of Pakistan, warned that the amendment could “spell the final death-knell” for the Supreme Court as an independent institution. – Until now rumours circulated that Shah and Minallah were mulling resignation. According to a report, they were “deliberating whether to tender their resignation” following passage of the amendment. – It now appears that both men have formally submitted their resignations as judges of the Supreme Court.
——————————Why this matters
– The resignations of two senior justices send a major signal about how deeply the judicial branch perceives the constitutional changes to affect its role and autonomy. – The 27th Amendment’s critics argue it undermines the separation of powers and grants excessive power to the executive over judicial structure. Minallah’s correspondence explicitly raises alarm about an “elite capture” of the judiciary. – The departures of Shah and Minallah leave the apex court at a critical juncture — at a time when constitutional legitimacy and independence are under intense scrutiny.
——————————Reactions & implications
– Legal circles and the bar associations have condemned the amendment passage and voiced alarm at the resignations. For instance, a lawyers’ convention in Karachi termed the amendment a betrayal of the parliamentary oath and warned it undermines the judiciary. – The immediate institutional implications: the Supreme Court will lose experienced justices at a moment of constitutional transition, possibly affecting cases tied to the amendment and broader constitutional crises. – Politically, the resignations may become a rallying point for critiques of the government’s reform agenda and could pressure the executive and legislature to pause further changes or seek wider consultation.
——————————What happens next
– It remains to be seen whether the resignations will trigger further resignations, or whether other justices will speak out publicly in support of or opposition to the amendment. – The legal validity of the 27th Amendment may be challenged in court — the departure of sitting justices could complicate such processes. – The public perception of the judiciary will likely suffer — when senior judges exit amid institutional crisis, confidence in the court’s ability to serve as a neutral arbiter may decrease.
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——————————A closer look at the individuals Syed Mansoor Ali Shah
– Senior puisne judge of the Supreme Court, widely seen as an independent voice in recent years. – He previously raised concerns about intelligence-agency input in judicial promotions and the appointment process. – His resignation underscores the depth of his opposition to the constitutional changes.
Athar Minallah
– Known for outspoken views on judicial autonomy, Justice Minallah recently wrote a detailed letter citing the amendment as part of entrenched elite capture of institutions. – His decision to resign is especially notable given his vocal concerns about the institutional future of the judiciary.
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The resignations of Justices Mansoor Ali Shah and Athar Minallah representa watershed moment for Pakistan’s judiciary. At the heart lies aconstitutional gamble: whether the amendment will reshape the institutionallandscape permanently, or whether opposition from within the judiciary willforce a recalibration of power between the branches of state. With the apexcourt now weakened in terms of senior members, the coming days are likelyto see heightened legal and constitutional drama.