CJP Afridi convenes full court to discuss 27th Amendment

Chief Justice of Pakistan Yahya Afridi has convened a full court session on Friday to deliberate on the 27th Constitutional Amendment, after it was passed in the Senate today by a two-thirds majority of 64 votes.

The session is scheduled for tomorrow, before Friday prayers, sources told The Express Tribune. The decision follows multiple letters from Supreme Court justices, bar associations, and senior lawyers requesting deliberation on the amendment.

The major constitutional tweak proposes making the Supreme Court subordinate to the newly established Federal Constitutional Court (FCC), with the FCC’s decisions having a binding effect on the Supreme Court. The FCC will hear all constitutional cases, ending the Supreme Court’s suo motu powers.

The Senate approved the 27th Constitutional Amendment bill after a second round of voting on Thursday, following its passage in the National Assembly on Wednesday. After Senate approval, the bill was signed by President Asif Ali Zardari today. The Ministry of Parliamentary Affairs forwarded the bill and got the President’s assent. The Ministry of Law will now issue a gazette notification, as the 27th Amendment has officially become law.

Read: After ex-CJP Khawaja, lawyers Asad Rahim, Zeeshaan Hashmi, challenge 27th amendment’s SC changes

The new amendment has sparked widespread concern among the judiciary and legal community, with critics arguing that it undermines the independence of the Supreme Court. The controversy has prompted letters from sitting judges, petitions from senior lawyers, and coordinated protests by bar associations, highlighting the deep apprehension over the potential shift in the balance of power between the judiciary and the executive.

Justice Syed Mansoor had urged Chief Justice Yahya Afridi to engage the executive regarding the proposed amendment. Similarly, Justice Athar Minallah suggested convening a judicial convention. Retired judges and senior lawyers had also requested the Chief Justice to take the same step.

Former Chief Justice of Pakistan Jawwad S. Khawaja challenged the 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.

Read More: Ex-CJP Jawwad S Khawaja challenges 27th Amendment in SC

A group of lawyers, including Asad Rahim Khan and Zeeshaan Hashmi, also filed a petition in the apex court against the curtailment of its jurisdiction. Through their counsel, Umer Gilani ASC, the petitioners argued that the amendment represents the most severe encroachment on judicial independence “since the advent of the Government of India Act, 1935.”

The letters from other senior lawyers and retired judges highlight growing concern within the legal community over the 27th Amendment. They stress that the proposed changes could severely undermine judicial independence, weaken the Supreme Court’s authority, and centralize power in the executive and military, prompting calls for urgent deliberation by a full court.