Major judicial overhaul on cards as govt pushes for 27th Amendment

• 27th Amendment proposes joint seniority list, judge transfers without consent.
• Existing FSC building to be allocated for proposed Federal Constitutional Court.
• Third floor of Islamabad High Court building is being vacated.

ISLAMABAD: The government is introducing major judicial reforms through the proposed 27th Constitutional Amendment, including the creation of a joint seniority list of all high court judges and empowering the Judicial Commission to transfer judges between high courts or their regional benches without requiring the consent of the judge concerned, The News reported on Saturday citing sources.

Sources said the move was aimed at addressing the longstanding controversies surrounding judicial transfers and appointments, most recently highlighted by the transfer and appointment of judges in IHC, including that of incumbent Chief Justice Sardar Muhammad Sarfraz Dogar, which were challenged in the Supreme Court by five IHC judges.

According to official sources, under the proposed amendments, the seniority of all high court judges will be determined on the basis of their date of appointment, forming a unified seniority structure for all the country’s high courts.

The Judicial Commission will also be authorised to transfer judges between high courts in the interest of better judicial administration without seeking individual consent.

These changes, officials added, are being proposed in light of the recent Supreme Court ruling that validated the transfer of judges to the IHC and reaffirmed the constitutional authority of the president and the SJC in this regard.

The apex court had earlier dismissed petitions challenging the February 2025 notification ordering the transfer of judges from provincial high courts to the IHC. The petitioners, including five IHC judges and some bar associations, had argued that such transfers undermined judicial independence and affected seniority.

However, the Supreme Court ruled that transferring a judge from one high court to another did not amount to a new appointment.

“A transfer is simply a reallocation of an existing resource,” the judgment noted, affirming that all constitutional requirements, including consultations with the chief justice of Pakistan and the chief justices of the respective high courts, had been duly fulfilled.

The court also clarified that the president had the constitutional authority to order such transfers and that the Islamabad High Court Act, 2010, imposed no restriction in this regard.

It further rejected the claims of any violation of provincial representation, terming the transfers fully constitutional. Government sources believe the new constitutional measures will help curb acrimony, divisions, and internal politics among judges by institutionalising clear procedures for appointments and transfers.

Meanwhile, the third floor of the IHC building is being vacated and record is being shifted to the old IHC building to house the Federal Shariat Court in this particular space of the IHC. The FSC building will be allocated for the Federal Constitutional Court to be formed as part of the 27th Constitutional amendment.

Originally published in The News