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LAHORE:
The procedure for transfer and posting of judges in the superior judiciary under the 27th constitutional amendment has been challenged.
Asad Jamal has filed a petition in the Lahore High Court (LHC) through Sameer Khosa, nominating the Judicial Commission of Pakistan (JCP), the President of Pakistan and others as respondents.
According to the petition, the 27th Constitutional Amendment – adopted on 13 November 2025 – introduced amendments to Article 200 and Article 209 of the Constitution.
The sections deal with the procedure for the transfer and secondment of judges in the higher judiciary.
The petitioner expressed concern that in the wake of the change, transfers of judges for political reasons may take place.
The petition argued that the amendments to Sections 200 and 209 are unconstitutional and requested the LHC to declare the amendments invalid.
Article 200 of the Constitution deals with the transfer of judges between supreme courts. The President can transfer a Supreme Court judge based on the JCP’s recommendation, with the JCP setting terms and conditions, including allowances.
The 27th Amendment introduced a provision that a judge who does not accept a transfer within 30 days is considered retired. Refusing a transfer may lead to potential disciplinary action by the Supreme Judicial Council (SJC) under Article 209.
While a transferred judge’s seniority is based on their original date of appointment, they cannot be transferred to a court where they would be senior to the sitting chief justice.
Article 209 establishes the SJC, which investigates the conduct of Supreme Court judges.
