Government Calls SC Judges’ Resignations ‘Unconstitutional’ & ‘Political Speeches’

The federal government, led by the Pakistan Muslim League-Nawaz (PML-N), has responded sharply to the resignations of two senior Supreme Court judges, labeling their actions as “political speeches” and their allegations as unconstitutional.

On Thursday, Senior Puisne Judge Mansoor Ali Shah and Justice Athar Minallah announced their resignations, citing the passage of the 27th Constitutional Amendment as the reason they could no longer serve. The judges expressed concerns that the amendment had undermined judicial independence and integrity, which they claimed would harm the nation’s legal system for years to come. In his resignation letter, Shah wrote, “By fracturing the unity of the nation’s apex court, it has crippled judicial independence and integrity, pushing the country back by decades.”

However, the government, through Special Assistant to the Prime Minister on Political Affairs Rana Sanaullah, quickly dismissed the resignations as part of a “political” agenda. Speaking to the media, Sanaullah acknowledged the judges’ respected positions but accused them of pursuing a self-serving, political agenda. “The contents of the resigned judges’ letters are political. Both the judges, in their letters, could not point out a single thing in the 27th Amendment which could be termed an attack on the Constitution,” he said.

Sanaullah went further, calling the judges “political” figures and questioned their appropriateness for such prestigious roles. He also pointed to decisions made by the Supreme Court, noting that many were decided on narrow 8-7 votes, a result of which he implied the resigning judges were partly responsible.

Minister of State for Law and Justice, Barrister Aqeel Malik, also weighed in, criticizing the resignations as “unconstitutional.” Malik argued that Parliament’s constitutional right to amend the Constitution cannot be questioned by the judiciary. He expressed that the resignations appeared to be an attempt to challenge Parliament’s authority, something he said was not in line with the Constitution. “Judges have every right to resign, but calling the 27th Constitutional Amendment an ‘attack on the judiciary’ was entirely incorrect and unconstitutional,” Malik said.

The minister also pointed out that while the judges had every right to resign, they should have addressed their concerns with the Chief Justice before taking such a step. He emphasized that the Parliament’s authority to enact laws and amend the Constitution is clearly defined within the Constitution itself and cannot be challenged by any institution, including the judiciary.

Malik stressed that the 27th Amendment aimed at improving the judicial system and would ultimately strengthen the legal framework in Pakistan. He further stated that no amendment could be considered an attack on any institution, including the judiciary.

In his statement, the Law Minister also criticized the use of courts for political purposes, calling it “regrettable.” “Political games were played in the courts, which was unfortunate. Decisions should be made according to law and justice, not personal interests,” he concluded.

This latest back-and-forth highlights the continuing tension between Pakistan’s political leadership and its judiciary, especially following the passage of the 27th Constitutional Amendment, which has sparked debates over the balance of power between the country’s institutions.