UN Human Rights Chief Warns Pakistan’s Constitutional Amendments Threaten Judicial Independence and Rule of Law

UN Human Rights Chief Warns Pakistan’s Constitutional Amendments Threaten Judicial Independence and Rule of Law

Under the specific changes adopted, a new Federal Constitutional Court (FCC) has been granted powers over constitutional cases, replacing the previous authority held by the Supreme Court.

RMN News Political Desk
November 29, 2025

GENEVA – 28 November 2025 – UN High Commissioner for Human Rights Volker Türk stated today that Pakistan’s hastily adopted constitutional amendments seriously undermine judicial independence, simultaneously raising grave concerns regarding military accountability and respect for the rule of law.

The Human Rights Chief noted that the latest constitutional amendment, similar to the 26th amendment passed last year, was adopted without broad consultation and debate involving the legal community and wider civil society. Türk explicitly warned that these changes run counter to the separation of powers that underpin the rule of law and safeguard human rights protection in Pakistan.

Under the specific changes adopted on November 13, a new Federal Constitutional Court (FCC) has been granted powers over constitutional cases, replacing the previous authority held by the Supreme Court. The Supreme Court will now only deal with civil and criminal cases.

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Türk highlighted that the systems for the appointment, promotion, and transfer of judges have also been changed, a shift that raises serious concerns about undermining the structural independence of Pakistan’s judiciary. The first Chief Justice and the initial set of FCC judges have already been assigned by the President, acting on the advice of the Prime Minister.

“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” said Türk. He stressed the necessity of judicial insulation: “Neither the executive nor legislative should be in a position to control or direct the judiciary, and the judiciary should be protected from any form of political influence in its decision-making”.

Türk further explained the danger inherent in a non-independent judiciary: “If judges are not independent, experience shows that they struggle to apply the law equally and to uphold human rights for all in the face of political pressure”.

Beyond the judiciary, the amendment also establishes lifetime immunity from criminal proceedings and arrest for high-ranking officials, specifically the President, Field Marshall, Marshall of the Air Force, and Admiral of the Fleet.

Türk strongly criticized these immunity clauses, stating that “Sweeping immunity provisions like these undermine accountability which is a cornerstone of the human rights framework and democratic control of the armed forces under the rule of law”.

The High Commissioner concluded by expressing concern that these amendments “risk far-reaching consequences for the principles of democracy and rule of law which the Pakistani people hold dear”.