Islamabad: Justice Mansoor Ali Shah, the seniormost judge of the Supreme Court of Pakistan, has submitted his resignation to the President, citing the 27th Constitutional Amendment as a 'serious assault on the Constitution of Pakistan' that has divided the Supreme Court and undermined judicial independence.
In his 13-page resignation letter, Justice Shah stated that the amendment has placed the judiciary under government control, striking a severe blow to the spirit of Pakistan's constitutional democracy. He warned that as a result, justice has become inaccessible to ordinary citizens, leaving the weak and powerless vulnerable before authority.
Justice Shah highlighted that the amendment has dismantled the Supreme Court, creating divisions that will set the country back by decades. He added that while constitutional reforms are sometimes inevitable, the damage inflicted by this amendment cannot be easily remedied. He stressed that remaining in office under these circumstances would imply silent consent to the unconstitutional changes.
He wrote:
'Unlike the 26th Amendment, which allowed the Supreme Court to review constitutional changes, the 27th Amendment removes even this judicial oversight. In this scenario, I can neither defend the Constitution nor review the amendment that has disrupted the constitutional structure.'
Justice Shah criticized the creation of a politically motivated court under the current leadership, which, he said, prioritized individual positions over institutional integrity. He emphasized that the newly established Federal Constitutional Court undermines Pakistan's judicial, democratic, and common law framework, replacing the Supreme Court with a body shaped by political expediency rather than constitutional necessity or legal principle.
Reflecting on his personal commitment, Justice Shah stated that when he took oath in 2009 as a Lahore High Court judge, he joined a constitutional court dedicated to the supremacy of the Constitution, protection of fundamental rights, and rule of law. The current situation, he said, has stripped the court of these powers, making it incapable of safeguarding the rights of citizens.
Justice Shah expressed gratitude to his colleagues, court staff, lawyers, research officers, and family members for their support during his tenure. He also apologized to anyone who may have been hurt by his actions or words and shared reflections on the ethical responsibility of judges to uphold the Constitution over personal gain or comfort.
He concluded by citing the poetry of Ahmed Faraz to underscore his conviction that his service and written words have remained a faithful commitment to the people and the Constitution of Pakistan:
'Mera qalam to amanat hai mere logon ki / Mera qalam to adalat mere zameer ki hai.'
Justice Mansoor Ali Shah formally submitted his resignation with full responsibility and awareness, stating that he leaves the Supreme Court with a clear conscience, having served the institution with honesty, integrity, and dedication.