What does 27th Constitutional Amendment mean for Pakistan’s power structure?

ISLAMABAD: The National Assembly on Wednesday passed the 27th Constitutional Amendment Bill with a two-thirds majority after incorporating several additional amendments.

A total of 234 members voted in favour of the bill, while only four opposed it. Following the approval, the bill has been sent back to the Senate for further consideration.

The session, chaired by Speaker Sardar Ayaz Sadiq, saw Law Minister Azam Nazeer Tarar move the motion for approval. Clause-by-clause voting was held amid protests from opposition members, who staged a sit-in in front of the Speaker’s dais.

Prime Minister Shehbaz Sharif, PML-N President Nawaz Sharif, Deputy Prime Minister Ishaq Dar PPP Chairman Bilawal Bhutto Zardari and others attended the session. Senior PPP leader Khursheed Shah, who is under medical treatment, was brought to the assembly in a wheelchair.

Key amendments approved

The amendments include provisions related to the establishment of the Federal Constitutional Court, reconstitution of the Judicial Commission and Supreme Judicial Council, and lifetime immunity for the president and provincial governors under Article 248.

Under the new provisions, the current Chief Justice of Pakistan will remain in office until retirement. Afterwards, the senior-most judge from either the Supreme Court or the Federal Constitutional Court will serve as the Chief Justice of Pakistan.

Field Marshal and military ranks granted constitutional protection

The ranks of Field Marshal, Marshal of the Air Force and Admiral of the Fleet have been given constitutional protection. Their titles, privileges, and uniforms will be retained for life and cannot be revoked except under the procedure outlined in Article 47. The federal government may assign new responsibilities to these officers in the national interest.

Increase in advisers to PM and CMs

Through amendments to Article 93, the number of advisers to the prime minister has been increased from five to seven. Similar changes have been introduced at the provincial level. Under Article 105, governors will now form caretaker cabinets under Articles 224 and 224A. After amendments to Article 130, the size of a provincial cabinet will be 15 per cent or 17 members of the total assembly strength.

Federal Constitutional Court appointments

The first Chief Justice of the Federal Constitutional Court will be appointed by the president on the advice of the prime minister. Judges will be appointed from all four provinces based on equal representation, with at least one judge from the Islamabad High Court. The Chief Justice and other judges will serve a three-year term, with the upper age limit set at 68 years.

JUI-F suffers setback

The amendment was also supported by a JUI-F senator, marking a political setback for party chief Maulana Fazlur Rehman.

Judicial Commission restructured, suo motu powers abolished

Article 175-A has been amended to restructure the Judicial Commission. The Chief Justices of the Supreme Court and Federal Constitutional Court, along with one senior judge from each, will be part of the commission. Decisions will be made by majority vote in case of disagreement. The two-year condition for women, non-Muslim, or technocrat members nominated by the NA speaker has been removed.

A judge nominated as Chief Justice who refuses the position will be deemed retired. Article 184 has been repealed, effectively abolishing the Supreme Court’s suo motu powers.

New procedure for transfer of high court judges

Under amendments to Article 200, the president will transfer high court judges on the recommendation of the Judicial Commission.

Courts barred from questioning constitutional amendments

Article 239 has been revised to bar any court from questioning the validity of constitutional amendments on any grounds.

COAS to be designated Chief of Defence Forces

Amendments to Article 243 designate the Chief of Army Staff as the Chief of Defence Forces. The position of Chairman Joint Chiefs of Staff Committee will be abolished from November 27. The head of the National Strategic Command will be appointed by the prime minister on the recommendation of the Chief of Defence Forces.

Article 6 revised to bar judicial validation of treason or constitutional violations

An amendment to Article 6(2A) incorporates the Federal Constitutional Court within its scope. Following the amendment, any act of high treason or constitutional violation will not be validated by any court, including the Federal Constitutional Court, Supreme Court, or high court.

According to sources, this amendment aims to reinforce constitutional supremacy and permanently close the door to judicial endorsement of any unconstitutional actions.

Faizan Khan