UN warns Pakistan’s new constitutional amendment threatens judicial independence

United Nations High Commissioner for Human Rights Volker Turk has warned that Pakistan’s newly adopted 27th Constitutional Amendment could undermine judicial independence and weaken core legal safeguards that protect the rule of law.

In a statement on Friday, November 28, Turk said the amendment — like the 26th Amendment passed last year — was adopted without broad consultation or meaningful debate with the legal community and civil society. He warned that the reforms introduce major structural changes that may expose the judiciary to political influence.

He noted that the shift of constitutional matters to a new Federal Constitutional Court (FCC), combined with increased executive influence over judicial appointments, could expose the judiciary to political interference.

“These changes risk placing the judiciary under political control,” Türk said. “A core measure of judicial independence is freedom from government interference. Without that protection, courts cannot uphold human rights or apply the law equally.”

He also raised concern over the amendment’s provision granting lifelong immunity from criminal proceedings to the President and senior military leadership, saying it contradicts principles of accountability.

Turk also criticised the amendment’s clause granting lifelong immunity from criminal proceedings to the President and senior military leadership. He warned that such protections weaken accountability and democratic oversight of state institutions.

Turk urged Pakistan to review the reform in line with international human rights standards and ensure that constitutional changes strengthen, rather than weaken, institutional checks and balances.

The UN rights chief’s concerns come at a time when Pakistan’s military leadership is undergoing significant restructuring.

On Thursday, November 27, Army Chief General Asim Munir assumed charge as the country’s first Chief of Defence Forces (CDF) — a new position created under the same constitutional amendment. The role places him at the head of all three services for a fixed five-year term, further centralising military authority.

Key features of the 27th Constitutional Amendment

Pakistan adopted the 27th Constitutional Amendment Thursday, November 13, through an expedited parliamentary process. The reform has drawn criticism from legal experts and civil society due to the scale of the changes it introduces.

Major changes include:

• Establishment of a Federal Constitutional Court to oversee constitutional matters.
• Limiting the Supreme Court’s jurisdiction in constitutional interpretation.
• Increasing executive authority over judicial appointments and transfers.
• Granting lifelong immunity from criminal proceedings to the President and senior military leadership.

The amendment has prompted legal challenges and renewed debate over the future of judicial independence in Pakistan.