Pakistan Constitutional Amendments:

[ghazi52]

Ex-CJP Jawwad S Khawaja challenges 27th Amendment in SC​

Jawwad S Khawaja warns of 'constitutional collapse', urges SC to act or risk 'death of the judiciary'

Hasnaat Malik
November 12, 2025

ISLAMABAD: Former chief justice of Pakistan Jawwad S Khawaja has challenged the proposed 27th Constitutional Amendment before the Supreme Court, warning that it would weaken the state, upset the balance of power and violate the doctrine of separation of powers.

The petition comes as the government is pushing the amendment bill through parliament, with alarm bells ringing across the judicial community, now looking to the apex court to act before judicial independence is eroded irretrievably.

In a petition filed through his counsel, Khawaja Ahmed Hosain, the ex-CJ warned that the constitutional tweaks diminished the consensus that was achieved with such difficulty regarding the 1973 Constitution.

He cautioned that a precedent was being set "which will haunt the nation and its citizen," adding that a nation whose foundational document "is fundamentally controversial and contested cannot prosper".

"Where faith diminishes in constitutions, the social contract holding the nation, its State and citizens together is undermined."

 

[ghazi52]

"Those who do not learn from history are doomed to repeat it. This Court has the power and duty to stop the 27th Amendment and strike it down. If it fails to act, it is an abdication of responsibility and constitutional duty. If this Court cannot protect itself, there is no hope for ordinary citizens seeking enforcement of their fundamental rights."

"At its heart, this Petition is about the Rule of Law. Do we as a nation want to be governed by Laws or Men," reads the petition.

The former CJP requested the SC to suspend, until a final decision on his plea, any provisions of the Constitution that curtail or abolish the court's constitutional jurisdiction or transfer those powers to any other court or body.

Meanwhile, lawyers have expressed surprise that despite letters from sitting judges, retired justices and prominent members of the legal fraternity, CJ Yahya Afridi has not yet convened a full court meeting to discuss the crisis confronting the judiciary.

Former additional attorney general Tariq Mahmood Khokhar noted that the petition by a former CJP raises cogent grounds.

 

[ghazi52]

"The constitution does not require the judiciary to wait helplessly for its own destruction," the petition continued.

"The SCP, as the guardian of the Constitution, is dutybound to act now when an imminent and irreparable threat arises to its own existence. Article 175(3) of the Constitution commands the separation of the judiciary from the executive. Every Judge of the SCP has taken an oath to 'preserve, protect and defend' the 1973 Constitution. To remain silent over an amendment that seeks to abolish the SCP's constitutional jurisdiction is an abdication of constitutional duty."

"The death of the Supreme Court will be the death of an independent judiciary," it warned.

"If the proposition is accepted that the Legislature and the Executive can at any time abolish the highest court of the land and substitute it with another forum manned by individuals nominated by the Executive, it empowers them to change the rules of the game as and when they deem fit. This is incompatible with the separation of powers and judicial independence."

 

[ARMalik]

Ex-CJP Jawwad S Khawaja challenges 27th Amendment in SC​

Jawwad S Khawaja warns of 'constitutional collapse', urges SC to act or risk 'death of the judiciary'

Hasnaat Malik
November 12, 2025

ISLAMABAD: Former chief justice of Pakistan Jawwad S Khawaja has challenged the proposed 27th Constitutional Amendment before the Supreme Court, warning that it would weaken the state, upset the balance of power and violate the doctrine of separation of powers.

The petition comes as the government is pushing the amendment bill through parliament, with alarm bells ringing across the judicial community, now looking to the apex court to act before judicial independence is eroded irretrievably.

In a petition filed through his counsel, Khawaja Ahmed Hosain, the ex-CJ warned that the constitutional tweaks diminished the consensus that was achieved with such difficulty regarding the 1973 Constitution.

He cautioned that a precedent was being set "which will haunt the nation and its citizen," adding that a nation whose foundational document "is fundamentally controversial and contested cannot prosper".

"Where faith diminishes in constitutions, the social contract holding the nation, its State and citizens together is undermined."

Does not matter since it will become Law soon. SC has no more jurisdication on this as this a constitutional matter. Hopefully this change will discourage people like these. It will also stop these useless courts and thier judges from issuing suo moto. The days of suo motos are coming to end !

 

[Meengla]

Does not matter since it will become Law soon. SC has no more jurisdication on this as this a constitutional matter. Hopefully this change will discourage people like these. It will also stop these useless courts and thier judges from issuing suo moto. The days of suo motos are coming to end !

Just look at the video you posted and which I quoted above where the Law Minister is merely hinting at the damage done to Pakistan by the 'suo moto' interventions. The damage to Pakistan's economy was very large.
And you are right: Unless an Amendment challenges the basic tenets of the Const. of Pakistan, such as declaring Pakistan to be a Communist state (just an example!), there is nothing the Superior Judiciary do about the upcoming changes and if they still try something illegally then ... Power Flows from the Barrel of Gun!

 

[ARMalik]

NA passes 27th Amendment Bill in chaotic session attended by political bigwigs

PM Shehbaz and Nawaz Sharif attended session; opposition staged walkout after anti-govt sloganeering.

www.dawn.com

27th Constitutional Amendment Bill sails through NA

ISLAMABAD: The National Assembly on Wednesday approved the 27th Constitutional Amendment Bill amid the opposition members' walkout. Prime Minister Shehbaz Sharif lauded the lawmakers for their...

www.thenews.com.pk

27th Constitutional Amendment Bill sails through NA​

 

[ARMalik]

So there you have it. Constitutional changes have passed. The days of corrupt Judges issuing Suo Motos is coming to an end.

 

[Forsvaret]

So there you have it. Constitutional changes have passed. The days of corrupt Judges issuing Suo Motos is coming to an end.

Congratulations! The days of corrupt generals holding on to power through the barrel of their gun reached another milestone:

Power Flows from the Barrel of Gun!

 

[Forsvaret]

The 27th Amendment introduces a new court above Pakistan's "Supreme" court. What mechanisms will be in place to assure its independence from Pakistan's parliament or military?

None of course :

The ongoing Amendments are about cementing the current semi-Martial Law…

 

[Watandar]

With constitutional immunity now afforded to CDF, who is also army chief, what is the status of coups that army chiefs are so fond of executing ? Do coups carried out by CDF now enjoy immunity ?

 

[Forsvaret]

Do coups carried out by CDF now enjoy immunity ?

Actually, there isn’t even a need for any coups now since Pakistan has just got itself a "constitutional" military dictatorship.

 

[Goenitz]

سینٹ سے منظور شدہ ستائیسویں آئینی ترمیم کے بل میں آرٹیکل ۱۷ میں بھی ترمیم کر دی گئی ہے جسکے بعد کسی سیاسی جماعت پر پابندی کے حکومتی اعلامیے کے پندرہ دن کے اندر اُس جماعت کیخلاف سپریم کورٹ میں بھیجے جانے والا ریفرنس اب وزیر اعظم کے چنتخب وفاقی آئینی عدالت کے ججوں کو بھیجا جائیگا۔​

 

[ghazi52]

 

[HAIDER]

What a shame , PMLN used a dead senior party member Irfan SidIqui to vote for amendment ....LOLLLLLLLLLLL

imagine..

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[Fatman17]

Unfortunately the majority of the judges are complicit in this.