Feb 10, 2026
Press Release
LAHORE
Legal experts, judges, and legislators at the Asma Jahangir Conference 2026 (AJCONF2026) called for transparency when making constitutional amendments and urged the judiciary to dispel perceptions that they are under executive influence following the passage of the 26th and 27th Constitutional Amendments.
The session, titled “Contextualizing the 26th and 27th Constitutional Amendments,” took place on February 7, 2026 as part of the conference’s theme on the Right to a Fair Trial. Moderated by Reema Omer, Senior Legal Advisor at the International Commission of Jurists, the session included Hon. Justice Ali Baqar Najafi of the Federal Constitutional Court, former Federal Shariat Court Judge Zahoor Ahmed Shahwani, former Attorney-General Irfan Qadir, Senator Kamran Murtaza, and Dr. Maryam Shahid Khan, Research Fellow at the Institute of Development and Economic Alternatives.
The session concluded with the following resolutions that the conference highlighted the role of the judiciary in protecting and promoting the fundamental rights of the people of Pakistan, including in Balochistan which remains marginalised. The Federal Constitutional Court, Supreme Court, and High Courts should be mindful of judicial overreach and transgression, but at the same time, they must act independently and impartially to ensure other organs of the State act in accordance with the Constitution. They must dispel the perception that courts are beholden to the executive after the 26th and 27th amendments.Parliament should ensure constitutional amendments are passed transparently, are not person-specific, and are driven by the objective of strengthening institutions in the long-term instead of achieving short-term political ends.
Divergent perspectives on constitutional reform
Justice Najafi outlined ten factors that led to the creation of the Federal Constitutional Court, including concerns about judicial overreach,judiciary over extending its jurisdiction to other institutions like the executive and parliament and decisions based on subjective perception rather than objective law.
Former Attorney-General Irfan Qadir defended the amendments as necessary interventions, arguing that the judiciary had increasingly assumed legislative and executive functions. He characterized the 26th Amendment as “inevitable” and called for regularization of judicial appointments dating back to controversial re-instatements.
Process and legitimacy concerns
However, the amendments faced sharp criticism regarding both process and substance. Former Law Minister Khalid Ranjha questioned whether parliamentary members had adequately reviewed the amendments before passage. He also criticized the lifetime immunity provisions in the 27th Amendment as “neither legal nor constitutional nor Islamic,” while highlighting persistent challenges in case management and judicial delays that the amendments failed to address adequately. He emphasized the need for constitutional reform to transcend partisan interests.
Former Judge Zahoor Ahmed Shahwani expressed concern that judges now face inadequate protection and work under fear of dismissal. Dr. Maryam Shahid Khan situated the amendments within broader political dynamics, describing them as a product of “elite politics” aimed at rebalancing institutional relationships between the judiciary and Parliament. She noted that historically pro-democracy forces now appear to be in “counter-collaboration” with what she termed a hybrid regime.
The discussion underscored ongoing tensions between institutional reform and concerns about the erosion of judicial independence in Pakistan’s constitutional landscape. The Asma Jahangir Conference, named after Pakistan’s legendary human rights defender, continues to provide a platform for critical discussions on constitutional rights, civil liberties, and federal-provincial relations.
The two-day event, titled “Erosion of Fundamental Rights and Resistance Across Borders,” was organized in collaboration with the Supreme Court Bar Association and Pakistan Bar Council. Prominent themes of the conference included Free Speech and Expression, Gender Discrimination, Vulnerable Communities, Breach of International Law, Climate Change, and Right to a Fair Trial.