ISLAMABAD (MNN); State Minister for Law Aqeel Malik said on Thursday that the recently approved 27th Constitutional Amendment has shifted all constitutional matters to the Federal Constitutional Court (FCC), leaving the Supreme Court (SC) without jurisdiction in such cases.
Speaking on Geo News’ programme Aaj Shahzeb Khanzada Kay Saath, Malik said the judges attempting to submit their petition before the Supreme Court had chosen “the wrong forum”, as the amendment clearly designates the FCC as the court empowered to hear constitutional petitions.
He said both the Supreme Court and the FCC had now adopted their respective rules, adding that “the constitutional court is fully functional, and all constitutional cases will be heard by it from now on”. He questioned why the petition was taken to the SC despite the structural changes.
The minister dismissed allegations that the amendment compromises judicial independence, saying that the power to transfer judges — previously with the president — has now been shifted to the Judicial Commission.
He added that resignations are a personal choice of judges but a “misleading narrative” was being promoted regarding recent departures.
Meanwhile, sources said four Islamabad High Court judges have decided to challenge the amendment, with a draft petition prepared and forwarded.
The petitioners include Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Saman Rafat Imtiaz and Justice Sardar Ejaz Ishaq Khan. However, Supreme Court officials confirmed that no such petition has been formally filed yet. Officials at the FCC also confirmed no petition had reached the new court.
The PML-N–led coalition approved the 27th Amendment earlier this month, reshaping Pakistan’s judicial structure and altering aspects of military command.
A central feature of the reform was the creation of the Federal Constitutional Court, empowered to take suo motu notice on petitions and entrusted with handling constitutional matters.
The amendment also dissolved Constitutional Benches and, under the amended Supreme Court Practice and Procedure Act 2025, transferred the formation of benches to a three-member committee led by the chief justice.
The amendment expands the roles of the president and prime minister in judicial appointments while reducing some Supreme Court powers, transferring them to the FCC.
Following the amendment’s passage, Supreme Court judges Justice Mansoor Ali Shah and Justice Athar Minallah resigned, calling the changes a “grave assault on the Constitution”.
The government termed their resignations “political statements” and rejected their allegations. Two days later, Lahore High Court judge Shams Mehmood Mirza also resigned in protest against the new amendment.
