Four IHC judges prepare to challenge 27th Constitutional Amendment | The Express Tribune

Four judges of the Islamabad High Court have prepared a draft petition to challenge the 27th Constitutional Amendment, it is learnt on Thursday.

According to the sources, a draft petition has been prepared and forwarded to the apex court for filing, with the formal submission expected later.

Justices Mohsin Akhtar Kiani and Babar Sattar are among the applicants, while Justices Saman Rafat Imtiaz and Sardar Ejaz Ishaq Khan are also part of the group contesting the legislation.

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However, sources within the Supreme Court said, no petition from the Islamabad High Court judges had been received so far. Officials of the newly established Federal Constitutional Court similarly stated that they also had not yet received any application challenging the amendment.

The 27th Constitutional Amendment, which became law after receiving the president’s assent, has triggered widespread criticism from opposition parties, lawyers, judges and legal commentators, who have described it as an assault on the constitutional and fiduciary principles.

In protest over the amendment’s approval, the senior-most judges of the Supreme Court — Justices Mansoor Ali Shah and Justice Athar Minallah — resigned, calling the move ‘a grave assault on the Constitution of Pakistan’.

The fallout has continued to deepen, fuelling speculation that more resignations may follow. Under the new constitutional framework, the Supreme Court now stands subordinate to the Federal Constitutional Court.

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The amendment introduces sweeping institutional changes. Under revised Articles 199 and 200, the president is empowered to transfer high court judges between provinces on the recommendation of the Judicial Commission, with any judge declining transfer, deemed retired.

Article 248 has been amended to grant the president lifetime legal immunity, which is waived only if the individual assumes public office again.

Changes to Article 243 abolish the office of the Chairman Joint Chiefs of Staff Committee from November 27, 2025, concentrating strategic military authority under the Chief of the Defence Forces.

Certain officers will receive constitutional protection — removable only through the procedure outlined in Article 47 — along with presidential-level immunity.

A new chapter, creating the Federal Constitutional Court, grants the body original jurisdiction over constitutional disputes involving the government and all matters relating to fundamental rights. Petitions or appeals pending before the Supreme Court will be transferred to the new court. The amendment also abolishes the Supreme Court’s suo motu powers and removes Articles 184, 186 and 191A from the Constitution.