What is the 27th Amendment in the Constitution of Pakistan?

What is the 27th Amendment in the Constitution of Pakistan?

Web desk: The government of Pakistan has prepared a draft for the Pakistan 27th Constitutional Amendment, which suggests big changes in the country’s judicial, military, and administrative systems.

According to reports, Article 160 and Clause 3A may be revised to remove protections for the provincial share in the NFC Award.

The amendment also calls for the abolition of Article 191A and the creation of a Constitutional Court or Supreme Constitutional Court.

Changes to Article 243 are planned to adjust the authority over the Armed Forces. And Article 213 might be modified to revise the process for appointing the Chief Election Commissioner (CEC).

What is the 27th Amendment in the Constitution of Pakistan?

A constitutional amendment, also called a constitutional alteration, is a change to the constitution of a polity, organisation or other type of entity.

Amendments are often added to the relevant sections of an existing constitution, directly altering the text.

One of the main proposals this time is to create a Constitutional Court that will handle cases about the interpretation of the Constitution. This new court will replace the current Constitutional Bench of the Supreme Court.

The chief justice of the Constitutional Court will also lead the Supreme Judicial Council and the Judicial Commission, instead of the Chief Justice of Pakistan. But there are other proposed reforms as well.

What are Reforms in Government’s Draft 27th Constitutional Amendment?

The government’s draft of the 27th Constitutional Amendment has been revealed. It shows plans for major changes in Pakistan’s judicial, administrative, and military systems.

This amendment also aims to revise Article 243, which deals with the supreme command of the armed forces, along with several other major constitutional changes, according to PPP Chairman Bilawal Bhutto Zardari.

Other proposed changes included the reintroduction of executive magistrates, new rules for the transfer of judges, and the removal of safeguards that protect provincial shares under the NFC Award.

According to reports, the following changes are planned in the Constitution of Pakistan:

  • Article 160 & Clause 3A: NFC Award Protection
  • Abolition of Article 191A: Constitutional Benches of the Supreme Court
  • Article 243: Authority Over Armed Forces
  • Article 213: Chief Election Commissioner Appointment 

1. Judicial Restructuring, Constitutional Court (Article 191A, New Article)

The proposal seeks to abolish Article 191A and introduce a new article to create a Constitutional Court or Supreme Constitutional Court.

This would significantly alter the judicial system by changing where the ultimate authority for constitutional interpretation lies.

The amendment also includes changes to Article 200, which governs the transfer of High Court judges.

2. Authority Over Armed Forces (Article 243)

Proposed amendments target Article 243, which gives the Federal (civilian) government authority over the command of the Armed Forces, as per the reports.

3. NFC Award and Federal Control Over Key Sectors (Article 160 & Clause 3A)

The government is reportedly planning to remove the constitutional safeguard that ensures provinces a fixed share in the National Finance Commission (NFC) Award.

This provision, which guarantees provinces a minimum portion of federal revenues, has long been a key element of provincial autonomy established by earlier amendments.

4. Chief Election Commissioner Appointment (Article 213)

The amendment suggests changes to Article 213 to change the process for appointing the Chief Election Commissioner (CEC). It aims to address ongoing delays and deadlocks in appointments.

Changes Made in the Previous Amendment

The 26th Constitutional Amendment brought major changes to Pakistan’s judicial system. Under the amendment, the Judicial Commission was restructured.

The original nine-member body included six judges and three non-judicial members. These included the federal law minister, the attorney general, and a representative of the Pakistan Bar Council.

The new setup removes one judicial member and adds five political members. They include two from the National Assembly, two from the Senate, and one woman or non-Muslim nominated by the Speaker of the National Assembly.

The amendment also changed how the Chief Justice of Pakistan is selected.

Instead of the most senior judge automatically becoming Chief Justice, a special parliamentary committee consisting of eight members of the National Assembly and four from the Senate would choose the Chief Justice from among the three most senior judges.

The Chief Justice will serve a fixed three-year term, instead of serving until the age of 65.

The Supreme Court’s suo motu powers have also been limited. The court will no longer be able to take notice of cases entirely on its own discretion.

Other changes include the creation of special constitutional benches in the Supreme Court and High Courts, and the addition of a new ground for removing judges, “inefficient performance of duties.” Previously, judges could only be removed for incapacity or misconduct.

Government Seeks Consensus Before Tabling Amendment

Government officials said the 27th Amendment will be presented in parliament only after consulting coalition partners and achieving political consensus.

The aim is to ensure that such major changes are made through agreement rather than unilateral action.

Pakistan People’s Party (PPP) Chairman Bilawal Bhutto Zardari confirmed that Prime Minister Shehbaz Sharif and a PML-N delegation met him and President Asif Ali Zardari to seek the PPP’s support for the proposed amendment.

In a post on X, Bilawal said that the PML-N delegation, led by the prime minister, asked for backing on the 27th Constitutional Amendment.

He added that the amendment includes plans to form a Constitutional Court, restore executive magistrates, and give authorities more power to transfer judges.

PTI to Resist Pakistan 27th Constitutional Amendment

PTI is likely to resist the 27th Constitutional Amendment, reports say.

PTIs Asad Qaiser, Former Speaker of the National Assembly of Pakistan, took to the social media platform X, saying, “Once again, the echoes of a new constitutional amendment are reverberating from the halls of power. The wounds of the 26th constitutional amendment are still fresh, and now talk of the 27th constitutional amendment is underway.”

He further took aim at PPP, saying, “Now, Mr Bhutto’s successor and his own party will either distort the face of this very constitution or stand with democracy and the people. The current parliament is a product of Form 47, which has no moral justification for such a major constitutional amendment.”

Pakistan 27th Constitutional Amendment: Reactions

Why was the amendment needed?

The government says the 27th Constitutional Amendment is needed to fix confusion in the current system and make institutions work better.

Some observers say it will help clear delays in constitutional cases by setting up a new Constitutional Court. They also say it will balance powers between the judiciary, executive, and parliament.

The government believes it will bring more clarity to the command of the armed forces and improve coordination between the federation and provinces.

It also wants to restore executive magistrates and make the appointment of the Election Commission easier. Officials say these steps will make the system faster and more effective.

“The government is moving forward with the support of its coalition partners,” Ishaq Dar said during the National Assembly session.

When Will the 27th Amendment Be Applicable?

The 27th Constitutional Amendment Bill is expected to be presented in the Senate on November 7, according to the reports.

The 27th Constitutional Amendment will only become applicable after it is approved by both houses of Parliament and signed by the President of Pakistan. Right now, it is only a draft and has not been passed into law.