A significant constitutional petition has been submitted to the Supreme Court of Pakistan at its Karachi Registry, directly challenging the proposed Constitution (Twenty-Seventh Amendment) Bill, 2025. The petitioner, Barrister Ali Tahir, contends that the amendment is designed to limit the constitutional authority and independence of the country's superior judiciary.
Core Arguments Against the Amendment
The plea names the federal government, the Senate Chairperson, and the National Assembly Speaker as respondents. It asserts that the proposed changes would severely undermine the powers of both the high courts and the Supreme Court, particularly those granted under Articles 184(3) and 199 of the Constitution.
Barrister Tahir argues that this constitutes a direct violation of the fundamental principles of separation of powers and infringes upon citizens' constitutional right to seek judicial review. The petition highlights specific concerns that the amendment aims to establish new "Constitutional Courts," which would transfer or restrict the existing jurisdiction of the superior judiciary.
A Threat to Democratic Foundations
The petition warns that such a move would fundamentally alter Pakistan's constitutional structure and erode judicial independence, which is a cornerstone of the nation's democratic framework. Barrister Tahir cautioned that the proposed changes would upset the critical balance among the state's three organs and could effectively "extinguish citizens' right to access justice."
Drawing a powerful parallel to the 2007 judicial crisis, the petitioner recalled how the Supreme Court had previously resisted the Provisional Constitutional Order (PCO) to safeguard judicial independence. The plea asserts that the same constitutional principles that were defended then remain critically relevant today.
Plea for Supreme Court Intervention
The petitioner has urgently requested the Supreme Court to declare any attempt to limit or suspend the powers of the superior judiciary as unconstitutional, null, and void. Furthermore, the plea calls for the court to restrain all state institutions—including Parliament and the federal government—from proposing, debating, or passing the bill until the case is decided.
It specifically asks that no parliamentary forum or committee consider or vote on such measures during this period. The petition also calls on the Supreme Court to reaffirm its role as the "ultimate guardian of the Constitution" and to direct all state organs to uphold the Constitution and protect judicial independence.
Legal analysts observing the case suggest that the outcome of this petition could set a crucial precedent in defining the permissible scope of constitutional amendments and in safeguarding the independence of the judiciary in Pakistan for years to come.
