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LAHORE:
The procedure for transfer and posting of judges of the higher judiciary under the 27th Constitutional Amendment has been challenged.
Asad Jamal has filed a petition in the Lahore High Court (LHC) through Sameer Khosa naming the Judicial Commission of Pakistan (JCP), the President of Pakistan and others as respondents.
According to the petition, the 27th Constitutional Amendment, passed on November 13, 2025, introduced amendments to Section 200 and Section 209 of the Constitution.
The sections deal with the procedure for the transfer and posting of judges of the higher judiciary.
The petitioner expressed his fear that, after the amendment, there could be transfers of judges for political reasons.
The petition argued that the amendments to Articles 200 and 209 are unconstitutional and asked the LHC to declare the changes null and void.
Article 200 of the Constitution addresses the transfer of judges between higher courts. The president can transfer a high court judge based on the PCJ’s recommendation, and the PCJ sets the terms and conditions, including assignments.
The 27th Amendment introduced a provision stating that a judge who does not accept a transfer within 30 days is considered retired. Refusing a transfer may result in possible disciplinary action by the Supreme Judicial Council (SJC) under Article 209.
While a transferred judge’s seniority is based on the date of his or her original appointment, he or she cannot be transferred to a court where he or she would be senior to the sitting chief justice.
Article 209 establishes the SJC, which examines the conduct of superior court judges.
