Draft of 27th Constitutional Amendment Bill Revealed

The draft of Pakistan’s proposed 27th Constitutional Amendment has been obtained, comprising 25 pages and 48 clauses. According to the document, the bill seeks to introduce significant amendments to the Constitution and will take effect immediately upon enactment. Under the proposed changes, Article 42 replaces the word “Pakistan” with “Federal Constitutional Court,” while Article 59 now includes clarification on the tenure of members — each member’s term will be considered complete on March 11. Several articles — including 63A, 68, 78, 81, 93, 100, 114, 165A, 175, and 175A — propose replacing references to the “Supreme Court” with “Federal Constitutional Court.”  Establishment of the Federal Constitutional Court The draft proposes establishing a Federal Constitutional Court comprising seven judges. The court’s permanent seat will be in Islamabad, and its Chief Justice will serve a three-year term. Judges must have at least 20 years of legal experience, and the maximum age limit for appointment is 68 years. The court will have jurisdiction over constitutional disputes between the federation and provinces and will also hear references sent by the President. Its decisions will be binding on all courts across Pakistan, except the Supreme Court, whose rulings will not apply to the Federal Constitutional Court.

Major Changes in the Defense Structure(27th Constitutional Amendment Bill )

Under the proposed amendment to Article 243, the President will appoint the Chief of Army Staff (COAS) on the advice of the Prime Minister, and the COAS will also serve as the Chief of Defence Forces. It is proposed that, from November 27, the Chairman Joint Chiefs of Staff Committee position be abolished. The Prime Minister will appoint the head of the National Strategic Command on the recommendation of the Army Chief. The ranks of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet will retain their uniforms and privileges for life.  Judicial System and Commission Reforms Significant changes have been proposed in Article 175A, introducing the Federal Constitutional Court’s role in the judicial appointment process. The Judicial Commission will include the Chief Justices of both the Supreme Court and Federal Constitutional Court, along with senior judges from both courts and representatives from the High Courts. The amendment also proposes the abolition of suo motu powers and the repeal of Article 184, which currently empowers the Supreme Court to take notice of public interest matters. After the 27th Amendment, all ongoing public interest cases will be automatically transferred to the Federal Constitutional Court.  Appointment and Transfer of Judges The President of Pakistan will have the authority, on the recommendation of the Judicial Commission, to transfer any High Court judge. However, no Chief Justice of a High Court may be transferred. In case of a transfer, a judge’s seniority will be counted from their initial appointment, and refusal to transfer will result in retirement, with entitlement to pension and benefits for the remaining term.