Islamabad: (Tassawar News) The recent declaration by Law Minister Azam Nazeer Tarrar concerning the Joint Parliamentary Committee’s endorsement of the 27th Constitutional Amendment Bill marks a pivotal juncture in Pakistan’s legislative trajectory. With the committee having approved a sweeping 49 separate amendments, the “near-finality” of the draft signals a determined governmental drive to usher in a substantial, multi-faceted reform package. This constitutional undertaking transcends mere technical adjustments; it fundamentally addresses the delicate institutional balance within Pakistan’s federal and judicial architecture, alongside matters of national identity and fiscal distribution.
Central Pillars of the Proposed Reforms
The sheer volume of 49 approved amendments underscores the wide-ranging scope of the proposed changes, impacting key areas of governance, judiciary, defence, and federal-provincial relations. While the initial prompt highlighted the political negotiations and the proposed renaming of Khyber Pakhtunkhwa, the more detailed provisions that have since emerged reveal a legislative intent focused on centralising power and restructuring core state institutions.
A. Restructuring the Military Command
One of the most consequential proposals involves a significant overhaul of the armed forces’ command structure, primarily through an amendment to Article 243 of the Constitution.
- Creation of the Chief of Defence Forces (CDF): The Bill seeks to create a new, powerful post of Chief of Defence Forces (CDF). Critically, this position is proposed to be held concurrently by the serving Chief of Army Staff (COAS). This arrangement would consolidate the COAS’s position as the constitutionally recognised head of all three services: the Army, Navy, and Air Force.
- Abolition of CJCSC: The office of the Chairman, Joint Chiefs of Staff Committee (CJCSC) is slated for abolition, effective from November 27, 2025, with the CDF absorbing its functions. This structural change effectively streamlines command authority, centralising it under the new CDF post.
- Five-Star Rank Privileges: The amendment grants lifelong constitutional protection to officers promoted to five-star ranks such as Field Marshal, Marshal of the Air Force, or Admiral of the Fleet. Such officers would retain their rank, privileges, and uniform for life, enjoying constitutional immunities comparable to those of the President, and would be removable only via a parliamentary process similar to impeachment.
“The proposed amendment rewrites Pakistan’s Article 243 of the Constitution, which governs the control and command of the armed forces, effectively placing the Army Chief at the top of Pakistan’s armed forces and granting constitutional recognition to the Field Marshal rank.”
B. Judicial Overhaul and Limitation of Supreme Court Authority
The second major area of reform targets the country’s superior judiciary, specifically seeking to redefine the Supreme Court’s constitutional role.
- Establishment of a Federal Constitutional Court (FCC): The bill proposes the creation of a powerful Federal Constitutional Court (FCC) to handle constitutional interpretation and government disputes, including matters arising from Article 199 (dealing with High Court jurisdiction).
- Reduction of Supreme Court Jurisdiction: Legal analysts suggest the FCC’s establishment would effectively reduce the jurisdiction of the Supreme Court, potentially limiting it primarily to appellate jurisdiction in civil, criminal, and statutory matters. This change has been criticised by some legal experts who argue it could “dethrone” the Supreme Court as Pakistan’s top judicial authority.
- Judicial Transfer Amendments: Amendments to Article 200 would remove the requirement for consent from both the judge and the Chief Justice for transfers between High Courts, potentially making judicial transfers more subject to executive influence.
The Collaborative Imperative and Procedural Roadmap
The political deliberations preceding the tabling of the bill underscore the collaborative approach necessitated by constitutional reform. Minister Tarrar’s concession of time to allied parties, notably the Awami National Party (ANP) and the Balochistan Awami Party (BAP), for internal consultations is a strategic move to ensure the amendment garners broad support across regional and political lines. This recess is pivotal, aiming to resolve outstanding concerns, including the symbolic and sensitive issue of renaming Khyber Pakhtunkhwa, as well as submissions from other coalition partners like the Muttahida Qaumi Movement (MQM).
The procedural path remains constitutionally stringent. Following the conclusion of internal consultations, the bill must be placed before the Senate for approval. Constitutional amendments in Pakistan demand a two-thirds majority in both houses of Parliament to be enacted.
- The ruling coalition reportedly commands a total of 233 seats in the 336-member National Assembly (requiring 224 for a two-thirds majority).
- In the 96-member Senate, the coalition holds approximately 64 seats, meeting the two-thirds threshold (requiring 64 votes).
This suggests the ruling alliance holds the requisite concrete numbers to theoretically pass the bill without opposition support, although the consultative process signals an attempt to build a national consensus.
Wider Implications and Public Scrutiny
The legislative package, encompassing the 49 clauses approved by the committee, also touches upon fiscal and administrative decentralisation:
- Federal Control Restoration: There are proposals to take back control of ministries such as education and population welfare from the provinces, powers that were devolved under the 18th Amendment of 2010.
- NFC Award Review: The draft allows for revisions in the National Finance Commission (NFC) Award, potentially leading to a reduction in the share of federal revenue allocated to the provinces. Critics fear this could roll back the gains in provincial autonomy achieved by the 18th Amendment.
This profound legislative exercise, described as “near complete,” signifies that only final political alignments remain. However, in constitutional law, even minor alterations can induce long-term consequences. The swift progression of the legislative machinery will now shift the focus to the Senate, where rigorous debate and intense public input and media scrutiny are anticipated to assess the final impact of these far-reaching, multi-dimensional amendments on Pakistan’s federal, judicial, and defence landscape.
Conclusion
The approval of the draft 27th Constitutional Amendment by the Joint Parliamentary Committee, with its 49 approved clauses, constitutes a watershed moment in Pakistan’s constitutional history. While the government frames the initiative as a necessary modernisation of the command structure and a streamlining of the judiciary, critics express serious concerns about the potential for centralisation of power—particularly within the military—and a reversal of provincial autonomy gains. With the ruling coalition possessing the necessary two-thirds majority in both houses (approximately 233/336 in the National Assembly and 64/96 in the Senate), the bill’s passage appears highly probable, contingent only on the successful conclusion of internal allied party consultations. This legislation will inevitably redefine the institutional balance of power in Pakistan, making the forthcoming debate in the Senate a truly pivotal moment for the nation’s constitutional architecture and its future trajectory of civilian-military and federal-provincial relations.
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