Justices Mansoor Ali Shah and Athar Minallah stepped down on November 13, calling the amendmentwhich elevates Army Chief Gen. Asim Munir to the newly created post of Chief of Defence Forces with lifelong privileges and immunity — “a mockery of the constitution.” Their resignations have widened rifts within the judiciary at a time when the Supreme Court is already struggling with vacancies. Of the 16 sanctioned positions, nine seats were empty even before the latest departures.
The amendment, passed with overwhelming majorities in both houses and awaiting President Asif Ali Zardari’s signature, rewrites 48 constitutional articles. It shifts key powers from the courts to the executive, creates a Federal Constitutional Court to handle constitutional cases, and transfers major judicial appointment authority to the President and Prime Minister. It also requires government approval before any prosecution of top military officials, further shielding the new defence chief.
Political reaction has been immediate and intense. Pakistan Tehreek-e-Insaf (PTI), led by Barrister Gohar Ali Khan in Imran Khan’s absence, announced nationwide protests, praising the judges for “defending constitutional integrity.” The opposition alliance Tehreek Tahaffuz-e-Aini-e-Pakistan (TTAP), chaired by Mehmood Khan Achakzai, met Thursday to outline a joint response. Former National Assembly Speaker Asad Qaiser warned that growing public anger and economic strain could push the country toward “civil war-like” conditions.
Government leaders, including Prime Minister Shehbaz Sharif and PML-N chief Nawaz Sharif, attended the parliamentary session that cleared the amendment. Critics argue the reform places unprecedented power in the hands of the military, undermines judicial independence, and risks destabilizing Pakistan’s fragile political order. More judicial resignations are expected, raising fears of an extended constitutional standoff
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