Khalid Zafar & Associates / Laws Of Pakistan / Constitution (Twenty-Seventh Amendment) The Constitution (Twenty-Seventh Amendment) Act, 2025 introduces significant structural reforms to Pakistan’s constitutional framework, primarily through the creation of a Federal Constitutional Court and the redistribution of judicial powers between the Supreme Court and the new Court. The amendment also addresses judicial appointments, transfers, constitutional interpretation, and the command structure of the Armed Forces.
Purpose and Rationale
It is portrayed that the Federal Constitutional Court is established to ensure specialized adjudication of constitutional matters. This shall result in Supreme Court to focus on its appellate jurisdiction and helps reduce case pendency. Judges of the Federal Constitutional Court are required to have demonstrated expertise in constitutional law, ensuring both efficiency and consistency in constitutional interpretation.
Key Provisions
- Federal Constitutional Court
- A new Chapter 1A is inserted in Part VII of the Constitution to establish the Federal Constitutional Court.
- The Court will consist of a Chief Justice and an equal number of Judges from each province, with at least one Judge from the Islamabad High Court.
- Appointments are made by the President under Article 175A, on the advice of the Prime Minister and in consultation with the Chief Justice of the Federal Constitutional Court.
- Eligibility: Judges must be Pakistani citizens and either (a) have served as a Supreme Court judge, (b) have served at least five years as a High Court judge; or (c) have at least twenty years as a High Court advocate and be a Supreme Court advocate.
- Oaths: The Chief Justice swears before the President; other judges swear before the Chief Justice.
- Jurisdiction and Powers
- Original jurisdiction over disputes between governments.
- Power to address questions of public importance regarding Fundamental Rights.
- Authority to call records from any court if constitutional interpretation is involved.
- Appellate jurisdiction over High Court judgments and the power of judicial review.
- Decisions on constitutional law are binding on all courts, including the Supreme Court.
- Chief Justice serves a three-year term or until age 68, resignation, or removal. Permanent seat: Islamabad.
- Amendments to Existing Articles
- “Chief Justice of Pakistan” replaced with “Chief Justice of Supreme Court” where applicable.
- Article 184, 186, 186A, 191A, and 193(3) are omitted.
- Article 187 updated to include the Federal Constitutional Court.
- Articles 189, 199, 200, 209, 239(5), 243, and 248 amended to reflect new powers, procedures, and privileges for the Court, judiciary, and Armed Forces.
- Judicial Administration
- The Judicial Commission of Pakistan and Supreme Judicial Council are reconstituted to include judges of the Federal Constitutional Court.
- Provisions for the transfer of High Court judges and tenure procedures are clarified.
- Armed Forces and Executive Immunity
- The Chairman Joint Chiefs of Staff Committee is abolished.
- Officers promoted to the highest military ranks i.e. Field Marshall retain rank and privileges for life; their duties post-command are determined by the Federal Government.
- Presidents and Governors receive immunity from criminal proceedings during and after their tenure.
- Schedules
- Third, Fourth, and Fifth Schedules updated to include the Federal Constitutional Court and associated judicial offices
