The Bill on Constitutional (27 th Amendment), has provoked one of the biggest constitutional debates within Pakistan in recent years. The shift, which the administration terms it as core type of reforms, twists the balance of power between the executive and the judiciary. Critics issue warnings that it will have extensive implications on judicial independence, the legal profession and access to justice by the ordinary citizens, whereas supporters opine that it will accelerate constitutional adjudication.

The amendment focuses on the constitutional court at the Federal level (FCC). This new court will be dealing with constitutional matters only, including legislative, fundamental-rights petitions and public-interest issues. This lowers the traditional role of the Supreme Court as the supreme constitutional protector and it is reduced to a mere court of appeal in civil and criminal law.

The fundamental change concerns judges and legal experts. A two-seat Supreme Court bench cleared soon after the amendment was ratified, a very unusual step that brought significant institutional problems. The national and international press reported their resignations as a protest of the constitutional order to which they believed to have been assaulted and loss of judicial independence. Besides........

© Pakistan Observer