The Government of Pakistan is set to present the 27th Constitutional Amendment Bill in the Senate today (Saturday), marking a major step toward introducing significant structural changes in the country’s governance and defence framework.
The proposed amendment, approved by the federal cabinet during a brief session chaired by Prime Minister Shehbaz Sharif via video link from Baku, Azerbaijan, aims to establish a Constitutional Court and create a new Commander of Defence Forces post.
What Is the 27th Constitutional Amendment?
The 27th Constitutional Amendment Bill seeks to bring important institutional reforms designed to ensure better coordination between the judiciary and the armed forces. The amendment, according to its official sources is concerned with two broad areas:
- Formation of a Constitutional Court
- Creation of a new defence leadership post
The amendment is scheduled for review by the Senate Committee before being presented to the Upper House on November 10, and later to the National Assembly on November 14 for debate. To pass, the government will need 224 votes in the National Assembly.
1. Establishment of the Constitutional Court
The establishment of a Constitutional Court is one of the main aspects of the amendment since it was a long-debated reform that was first mentioned in the 2006 Charter of Democracy between the Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N).
The proposed Constitutional Court will solely deal with constitutional cases, and this will reduce the tasks of the Supreme Court, and make the adjudication of constitutional cases to be faster.
The main facts of the Constitutional Court are:
- Initial Composition: 7 judges
- Retirement Age: 68 years (three years higher than Supreme Court judges)
- Judicial Selection: 5 judges from the Supreme Court bench and 2 from High Courts
- Probable Head: Justice Aminuddin Khan is reportedly being considered to lead the court
Officials are debating two potential venues for the new court:
- Islamabad High Court building, with the High Court possibly being moved to its former site in Sector G-9, or
- Federal Shariat Court building, where the Federal Service Tribunal may be relocated to the upper floor.
2. Creation of the Commander of Defence Forces Post
Another major proposal under the 27th Amendment is the creation of a new post titled “Commander of Defence Forces” through an amendment to Article 243 of the Constitution.
The post of Commander of Defence Forces will be used as an integrating position to improve coordination and command of the Army, Navy, and Air Force of Pakistan. The position will stipulate a certain period of tenure and definite line of duty to enhance the defence management and strategic alignment of the three arms of the armed forces.
Government Approval and Coalition Consultations
During the cabinet meeting, Attorney General Mansoor Usman Awan briefed the members about the proposed changes. The government also reviewed the PPP’s recommendations regarding the amendment before giving its final approval.
While the proposal has been formally cleared by the cabinet, coalition talks are still ongoing, particularly concerning the operational details of the new court and defence post.
One of the most ambitious attempts on the way of enhancing the institution’s efficiency and redefining the civil-military coordination is to be mentioned in the 27th Constitutional Amendment as the one aimed at the improvements of the institution’s effectiveness. Through the establishment of a special Constitutional Court and a central leadership in defence command, the government intends to update the governance system of Pakistan as per the changes in the challenges by country and region.
The amendment would transform the face of the judicial system and administration of defence in Pakistan in case it is passed by Parliament and this would be the first historical change in the constitution of the country.
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