Judges transfer provisions challenged in LHC

LAHORE:

The procedure for the transfer and posting of judges of the superior judiciary under the 27th Constitutional Amendment has been challenged.

Asad Jamal has filed a petition in the Lahore High Court (LHC) through Sameer Khosa nominating the Judicial Commission of Pakistan (JCP), the President of Pakistan, and others as respondents.

According to the petition, the 27th Constitutional Amendment — passed on November 13, 2025 — introduced amendments to Section 200 and Section 209 of the Constitution.

The sections deal with the procedure for the transfer and posting of judges of the superior judiciary.

The petitioner expressed apprehension that in the wake of the amendment transfers of judges may take place on political grounds.

The petition argued that the amendments to sections 200 and 209 are unconstitutional and requested the LHC to declare the changes null and void.

Article 200 of the Constitution addresses the transfer of judges between high courts. The president can transfer a high court judge based on the JCP's recommendation, with the JCP setting the terms and conditions, including allowances.

The 27th Amendment introduced a provision stating that a judge who does not accept a transfer within 30 days is considered retired. Refusing a transfer can lead to potential disciplinary action by the Supreme Judicial Council (SJC) under Article 209.

While a transferred judge's seniority is based on their original appointment date, they cannot be transferred to a court where they would be senior to the sitting chief justice.

Article 209 establishes the SJC, which examines the conduct of superior court judges.