Law Minister Azam Nazeer Tarar on Saturday tabled a draft of the 27th Constitutional Amendment in the Senate, calling for tweaks to the military command under Article 243 and sweeping changes to the judiciary, including the scrapping of the Supreme Court’s suo motu powers.
Following its presentation, Senate Chairman Yousaf Raza Gillani referred the bill to the Senate Standing Committee on Law and Justice for further deliberations. In this regard, a joint meeting of the standing committees of both the Senate and the National Assembly has been convened to discuss the 27th Amendment.
While presenting the bill, Tarar emphasized that no voting would take place on it until the committee had reviewed it. “The government has brought forward a bill to establish a Federal Constitutional Court,” he said, adding the legislation sought to amend around 40 constitutional clauses.
“When the 26th Constitutional Amendment was passed, some had suggested forming a constitutional bench, which was later constituted in the Supreme Court with the same judges,” he recalled, adding that this was still leading to nearly 40% of the court’s time being taken up by 5-6% of cases. “After extensive consultation, it was decided to establish a separate Federal Constitutional Court,” he said.
The amendment also seeks to address the issue of judicial transfers, which provoked controversy following the recent transfers of judges to the Islamabad High Court. “The matter of judges’ transfer will be entrusted to the Judicial Commission, which will decide such cases after consulting the judges concerned,” he said.
On proposed changes to Article 243, pertaining to the military hierarchy, he said the amendment called for abolishing the position of Chairman Joint Chiefs of Staff Committee. “The Army chief will also serve as the Chief of Defense Forces,” he said, clarifying that the tenure of the Army chief would remain fixed at five years. However, he added, the rank of field marshal was for life and reversing it would require the approval of Parliament, not the prime minister.
He said the amendment also sought to ensure Senate elections were held simultaneously nationwide. On the MQM-P’s demands, he said they wanted greater financial powers for local government, adding he had urged them to submit these proposals to the committee.
Proposed constitutional changes
The draft of the 27th Constitutional Amendment presented in Parliament calls for the following major changes:
- The formation of a Federal Constitutional Court tasked with effectively tackling constitutional issues. Its decisions would be binding on all other courts, including the Supreme Court. Decisions of the Supreme Court, meanwhile, would not be binding on the FCC. The Supreme Court will essentially be an appellate court.
- The bill withdraws suo motu powers from the Supreme Court by scrapping Article 184. The FCC will handle all fundamental rights issues and inter-governmental disputes.
- Judges of the FCC and SC will be picked through a reshaped Judicial Commission with participation of chief justices of both courts. The first batch of judges of the FCC shall be appointed by the president on advice of the prime minister in consultation with the chief justice of the FCC.
- A special parliamentary committee will retain the power to appoint the chief justice of the Supreme Court from three senior-most judges. However, if the chosen nominee declines, all judges considered for the role will be deemed to have retired and the process will begin with the next three senior-most judges.
- The retirement age of FCC judges has been raised to 68, with the FCC CJ getting a fixed 3-year term.
- Senate elections will be held simultaneously nationwide instead of the current practice of their conduct every three years.
- The 27th Amendment seeks to abolish the designation of Chairman Joint Chiefs of Staff Committee, effective Nov. 27, 2025. It establishes a new command post, Commander of the National Strategic Command, who will be appointed from among Pakistan Army officers upon the recommendation of the Prime Minister and the Chief of Army Staff.
- The Army chief would serve as the Chief of Defense Forces, with authority over the tri-services.
- Any officers promoted to the ranks of Field Marshal, Marshal of the Air Force, or Admiral of the Fleet will retain their rank, privileges, and uniform for life. Their removal is only possible through the procedure outlined in Article 47 of the Constitution and they would enjoy the immunity granted to the president under Article 248 of the Constitution.
- Upon the completion of their command tenure, the government would determine the future responsibilities and duties of any marshal rank officer in the national interest.
- The amendment allows for expanding provincial cabinets from 11% to 13% of total assembly strength and also increase the number of advisers from five to seven.
Opposition demands
During the presentation of the bill, PTI Senator Ali Zafar lamented the seat of the leader of the Opposition in the Senate was empty, adding it was inappropriate to discuss the constitutional amendment so long as it remains vacant. He said he had just received the draft of the 27th Amendment bill and hadn’t read it yet. “We can’t debate on the matter unless we read it,” he said and sought for the “entire Senate” to be deemed a committee deliberating on it.
To this, Deputy Prime Minister Ishaq Dar said that everyone in the Senate will speak on the matter, but the standing committees address only specific matters.