THE removal of the requirement of the consent of individual judges for their transfer from one high court to another is one of the most significant changes brought by the 27th Amendment to the Constitution.
The process of judicial transfers before the amendment was already arbitrary and open to misuse. However, after the removal of the consent requirement and making judges who refuse transfer liable for misconduct proceedings, the provision for transfer now squarely undermines the independence of the judiciary.
The 27th Amendment fundamentally alters Article 200 of the Constitution of Pakistan, 1973. It gives the Judicial Commission of Pakistan — the body responsible for judicial appointments — the power to recommend to the president the transfer a judge from one high court to another and determine the terms and conditions for such a transfer.
The amendment does not provide for any basis on
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