The Joint Parliamentary Committee of the Senate and the National Assembly on Law and Justice has officially started its work to discuss the 27th constitutional amendment. The Joint Committee is expected to approve the draft 27th Constitutional Amendment today.
Discussions on articles 243 and 200 will take place in a joint parliamentary committee. The meeting is chaired by Pakistan People’s Party (PPP) Senator Farooq H. Naik. Federal Law Minister Azam Tarar also arrived at the committee meeting. Justice Minister Azam Nazir Tarar is also present.
Pakistan Tehreek-e-Insaf (PTI), Jamiat Ulema-e-Islam-F (JUI-F), Majlis Wahdat-e-Muslimeen (MWM) and Pashtoonkhwa Milli Awami Party (PKMAP) boycotted the committee meeting today. Opposition parties boycotted the session of the National Assembly and the Senate yesterday.
“All the articles will be discussed in today’s meeting,” Senator Naik said. “We hope to be able to finalize it today.”
“Each party has the right to give its opinion,” he stressed. “We will carefully consider the suggestions of each party,” he added, noting that the proposals of the PML-N and MQM will also be considered.
“All decisions will be presented to the House and we plan to finalize the session by 5 p.m.,” concluded Senator Naik.
Senators Tahir Khalil Sandhu, Hidayatullah and Ali Haider Gilani arrived for the meeting. Senator Shahadat Awan, Syra Afzal Tarrar and Bilal Azhar Kiani are also present, as well as Mahmood Bashir Work. Shumaila Rana, member of the National Assembly, will join the session via video link.
27th constitutional amendment
The Federal Government has introduced a major constitutional reform bill in the Upper House as the 27th Amendment Bill was formally introduced in the Senate, following approval by the Federal Cabinet on Saturday (yesterday). 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.
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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.
Presidential immunity
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 on Saturday.
A new clause has been added to Article 248 of the Constitution, which is being amended to grant the president legal immunity for life, expanding the protection that currently only applies during the term of office.
Currently, Section 248 grants full legal protection to the President and governors while in office, prohibiting the initiation or continuation of criminal proceedings against them and preventing any court from issuing orders for their arrest or imprisonment while they are in office.
The amendment seeks to insert the expression “Notwithstanding any judgment of any court” before the word “President” in clause (1) of Article 248. Meanwhile, clause (2) shall be revised to provide that no criminal proceedings shall be instituted or continued against the President for life, and against a Governor only during his term of office.
Similarly, Article (3) will be amended to clarify that no court shall issue an order for the arrest or life imprisonment of the President, while this protection of governors will remain limited to the duration of their term of office.
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 along with the chief of 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 eliminated effective November 27, 2025. Strategic military authority would instead be concentrated under the new chief of 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.
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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 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 specifies that a judge who does not accept the transfer “shall be deemed to have 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 be composed of a Chief Justice and several judges determined by Parliament, or until then, appointed 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 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. »
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.
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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.
The proposed clause, which states 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.
