27th Amendment Controversy: Experts Warn of Executive Overreach

Bilawal Bhutto-Zardari has revealed proposals for the establishment of constitutional courts, judge transfers, and revisions to the NFC Award.
Critics allege that the move promotes executive dominance, similar to the 26th Amendment.
Raza Rabbani has warned that tampering with the protections of the 18th Amendment could threaten the federation.

Islamabad – Amid heated debates over the controversial 27th Constitutional Amendment, legal experts are questioning the rationale behind the proposed changes. This comes after the 26th Amendment, which had already expanded executive authority over the judiciary.

The draft has not yet been made public, but recently, PPP Chairman Bilawal Bhutto-Zardari stated that a government delegation had sought his party’s support. According to him, the proposal includes establishing constitutional courts, restoring executive magistrates, transferring judges, eliminating provincial shares protections under the NFC Award, and revising Article 243 related to the command of the armed forces.

A senior legal counsel questioned why such changes were necessary when the government had not lost any major constitutional case since the previous amendment, and most cases had indirectly favored the government.

27th Amendment Sparks Concerns Over Court Control and Federal Unity

The counsel added that the proposed constitutional court appears to primarily benefit a few friends by increasing retirement ages. He questioned the purpose of the new court, noting that in the past ten years, the federal government had only lost one significant case.

Another controversial aspect is the proposed restoration of executive magistrates. While judicial magistrates often grant remand requests in sensitive cases, restoring executive magistracy would grant additional authority to the government at the street level.

Concerns were also raised regarding the transfer of judges. The courts had already granted the government authority for judge transfers among high courts, so further changes seemed unnecessary.

This move is seen as a natural extension of the 26th Amendment, as former Additional Attorney General Tariq Mehmood Khokhar explained. He warned that the proposal would increase executive control over the judiciary, allowing judge transfers at will, establishing a new constitutional court, and reducing the Chief Justice’s powers in bodies such as the Judicial Commission of Pakistan and the Supreme Judicial Council.

Khkhor urged the country to be prepared to resist executive dominance of the courts.

Akram Sheikh, former SCBA President, noted that even post-election, judicial autonomy is being undermined. He argued that the ruling elite appears intent on punishing the Supreme Court in ways unseen even under past military regimes.

Raza Rabbani, a major supporter of the 18th Amendment and former Senate Chairman, warned that the new proposal could threaten federal unity. He emphasized that any attempt to repeal provincial autonomy or NFC guarantees would be tantamount to undermining the spirit of the 18th Amendment. He cautioned that such political instability could reignite longstanding divisions.