Justice Syed Mansoor Ali Shah, the senior-most puisne judge of the Supreme Court, tendered his resignation on Thursday, hours after President Asif Ali Zardari gave his assent to the controversial 27th Constitutional Amendment.
Justice Athar Minallah followed suit with his own resignation, bringing the apex court’s strength down to 13 judges.
In a 13-page letter to the President, Justice Shah described the amendment as a grave assault on the Constitution that “dismantles the Supreme Court, subjugates the judiciary to executive control, and strikes at the heart of our constitutional democracy.”
“I cannot continue to serve in a truncated and diminished court where I cannot protect the Constitution,” he wrote, adding that resignation was the “only honest expression of honouring my oath.”
Justice Minallah, in his letter, stated that the Constitution he had sworn to uphold “no more exists” and accused the government of pushing through the legislation without judicial consultation.
The 27th Amendment, passed by both houses of Parliament earlier in the day, further curtails the Supreme Court’s original jurisdiction and introduces performance evaluations for judges—measures critics say will allow the executive to influence judicial independence.
Chief Justice Yahya Afridi has summoned a full court reference for Friday to deliberate on the crisis.
Legal experts have termed the resignations a “judicial earthquake,” warning of long-term damage to public confidence in the courts. Bar councils across the country have announced nationwide protests.
The government has yet to issue an official response.