The bill proposes a new position of chief of the defense forces, replacing the chairman of the Joint Chiefs of Staff
President Asif Ali Zardari. Photo: File
At the request of the Pakistan People’s Party, the proposed 27th Constitutional Amendment draft includes a provision granting the President lifelong immunity from prosecution and arrest, ensuring that no complaints can be filed against the President during or after his term in office.
Sources said the clause was added following a request from the Pakistan People’s Party (PPP) during the Joint Parliamentary Committee deliberations.
The proposed amendment relates to Article 248B of the Constitution, which states that no complaint shall at any time be made against the President and no action shall be taken to arrest or punish the holder of that office.
Earlier, the federal government had submitted a major constitutional reform package to the Upper House while the 27th Amendment Bill was formally presented to the Senate, following approval from the federal cabinet. The bill aims to introduce major structural changes in Pakistan’s military command framework and judicial system.
Under this proposal, a new position titled Chief of Defense Forces would be created, effectively replacing the position of Chairman of the Joint Chiefs of Staff. The amendment outlines a revised chain of command by modifying Article 243, which deals with the control and command of the armed forces.
Read: The 27th constitutional amendment tabled in the Senate, referred to the joint committee
The bill also proposes the creation of a Federal Constitutional Court to adjudicate constitutional disputes and provide an authoritative interpretation of constitutional issues. For this purpose, a new, separate chapter would be inserted in Part VII of the Constitution.
Additionally, the amendment seeks to make notable changes to Section 175A, which currently governs the appointment of superior court judges. The proposed changes aim to reshape the process of appointing judges in line with the new framework of the Constitutional Court.
Restructuring of military command
As part of the bill, Article 243 is amended to consolidate the command of the armed forces under a single authority. The proposed clause states that the president, acting on the advice of the prime minister, will appoint the chief of army staff “together with the chief of the defense forces”, as well as the chiefs of naval and air staff, and determine their “salaries and allowances”.
The bill provides that the position of chairman of the Joint Chiefs of Staff Committee will be abolished as of November 27, 2025. Strategic military authority would instead be concentrated under the responsibility of the new head of the defense forces.
Article (5) provides that “The position of Chairman of the Joint Chiefs of Staff Committee shall be abolished with effect from the twenty-seventh of November, two thousand and twenty-five. »
Additional clauses outline a revised appointment structure for senior command. The Prime Minister, on the recommendation of the Chief of Army Staff together with the Chief of Defense Forces, will appoint the Commander of the National Strategic Command, with salaries and allowances determined by the Prime Minister.
Learn more: From Bhutto to today: 52 years, 26 amendments, the evolution of the Constitution of Pakistan
According to paragraph (7), “When the Federal Government promotes a member of the armed forces to the rank of Marshal, Marshal of the Air Force or Admiral of the Fleet, such officer shall retain the rank, privileges and remain in uniform for life,” it adds.
These officers enjoy constitutional protection and can only be removed by the procedure described in Article 47. The immunity enjoyed by the President under Article 248 is also made applicable to them.
Other provisions stipulate that once their term ends, the federal government will determine their responsibilities “in the interest of the state” and the president, on the advice of the prime minister, will fix their salaries and privileges.
Transfer of High Court judges
The Bill also amends Article 200, empowering the President to transfer High Court judges between provinces based on the recommendation of the Judicial Commission of Pakistan, which for this purpose will include the Chief Justices of the two High Courts concerned.
The amendment adds that “the Chief Justices of the two High Courts shall also be members of the Judicial Commission of Pakistan for the purposes of this clause.”
The amendment further provides that the seniority of a transferred judge will be taken into account from the date of initial appointment and clarifies that no transfer can result in a judge becoming senior to the Chief Justice of the transferred High Court.
A new clause states that a judge who does not accept the transfer “shall be considered retired.”
Proposed Federal Constitutional Court
A major structural change results from the creation of a Federal Constitutional Court, introduced via a new chapter in Part VII of the Constitution. The Court will consist of a Chief Justice and a number of judges determined by Parliament or, until then, fixed by the President. It may include an equal number of judges from each province.
The proposed article on the constitution of the Court states: “The Federal Constitutional Court shall consist of a Chief Justice known as the Chief Justice of the Federal Constitutional Court of Pakistan, and therefore such other judges as may be determined by law of the Majlis-e-Shoora (Parliament) or, until so determined, as may be determined by the President.” » Furthermore, “the Federal Constitutional Court may include an equal number of judges from each province. »
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The court will have first instance jurisdiction in constitutional disputes between governments and may also hear cases related to the application of fundamental rights. Its judgments will be declaratory.
A transitional clause stipulates that all petitions, appeals or requests for review currently pending before the Supreme Court or its constitutional chambers which fall within this jurisdiction will be transferred to the Federal Constitutional Court.
Judges of the court will serve until the age of sixty-eight, while the chief justice will serve for a three-year term, retiring at the end of his term, regardless of age.
Changes to judicial appointments
To accommodate the new court, the bill amends Article 175A, expanding the composition of the Judicial Commission of Pakistan to include the Chief Justice of the Federal Constitutional Court, the Chief Justice of the Supreme Court, the principal judges of the two courts and one additional judge jointly appointed by the two chief justices. The senior of the two chief justices will chair the Commission.
“The most senior among the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court will be the President of the Commission”, their seniority being determined by the date of appointment,” he adds.
Transitional provisions allow the President, on the advice of the Prime Minister, to appoint the first Chief Justice and the first judges of the Federal Constitutional Court.
The amendment also seeks to bring changes including abolition of suo motu powers, deletion of Article 184 of the Constitution and deletion of Articles 186 and 191A.
Read: Judges joke on the site of the new court
The proposed clause, stating that “in the Constitution, Article 184 shall be omitted”, effectively abolishes the long-standing original jurisdiction of the Supreme Court, which had empowered it to hear cases of public importance concerning the enforcement of fundamental rights.
This omission signifies a structural change, transferring this constitutional jurisdiction to the newly created Federal Constitutional Court, as provided for in the amendment.
The bill further states that “in the Constitution, Article 186 shall be omitted.” This removes the power of the President to submit questions of law to the Supreme Court for advisory opinion, a power that existed since the Constitution took effect in 1973. This omission limits the function of the Supreme Court strictly to jurisdictional matters.
