There can't be a bigger attack on Constitution than 27th Amendment: Athar Minallah

In a move that has sent ripples through Pakistan’s legal and political circles, Justice Athar Minallah announced his resignation, citing the “erosion” of the Constitution and warning that recent constitutional amendments pose a grave threat to the country’s democratic foundations.

Justice Minallah, who served as a judge of the Islamabad High Court before he was elevated to the Supreme Court of Pakistan, said he could no longer continue in office in good conscience. “I have always taken an oath of allegiance to the Constitution of Pakistan,” he said in a written statement. “It has been my greatest honour and pride to serve the people of Pakistan, and I have tried to fulfill my duties according to that constitutional oath to the best of my ability. Today, this same oath is forcing me to resign.”

Referring to the recently passed 27th Constitutional Amendment, Justice Minallah described it as “no greater attack on the Constitution,” asserting that the document “no longer exists in its original form.” He warned that what remains is merely “a shadow that has no soul left nor does it speak the voice of the people.”

Justice Minallah revealed that even before the constitutional amendment was enacted, he had written to the Chief Justice expressing his concerns. “I had said that this amendment could prove dangerous for the constitutional system,” he noted, adding that “against the backdrop of silence and inaction, the concerns in that letter have now become a reality.”

His resignation underscores growing unease within sections of the judiciary and civil society over the implications of the 27th Amendment, which critics argue undermines the separation of powers and the independence of the judiciary.

Legal experts and political analysts have described Justice Minallah’s departure as a moment of reckoning for Pakistan’s judicial system. “This is not just the resignation of a judge—it is a statement of principle,” said a senior lawyer in Islamabad. “It reflects deep anxieties about the direction in which the constitutional order is being steered.”

As the country braces for political and legal fallout from the development, Justice Minallah’s final words echo as both a lament and a call to conscience: “The Constitution that I had sworn to defend and uphold no longer exists in its original form.”