The bill proposes a new position as chief of the defense forces, replacing the chairman of the joint chiefs of staff committee
President Asif Ali Zardari. Photo: File
At the request of the Pakistan Peoples Party, the draft of the proposed 27th Constitutional Amendment includes a provision granting the President lifetime immunity from prosecution and arrest, ensuring that no case can be brought against the President during or after their tenure.
Sources said the clause was added following a demand by the Pakistan Peoples Party (PPP) during the joint parliamentary committee discussions.
The proposed amendment is made to Article 248B of the Constitution, which provides that no case can be brought against the President at any time and no action can be taken to arrest or punish the official.
Earlier, the Federal Government moved a significant constitutional reform package to the Upper House when the proposed 27th Amendment was formally tabled in the Senate following the approval of the Federal Cabinet. The bill seeks to introduce major structural changes to Pakistan’s military command framework and legal system.
Under the proposal, a new position titled Chief of the Defense Forces would be created, effectively replacing the office of the Chairman of the Joint Chiefs of Staff Committee. The amendment outlines a revised chain of command by amending Article 243, which deals with the control and command of the armed forces.
Read: 27th constitutional amendment tabled in Senate, referred to joint committee
The bill also proposes the creation of a Federal Constitutional Court with the mandate to decide constitutional disputes and provide authoritative interpretation of constitutional issues. For this purpose, a new new chapter will be inserted in Part VII of the Constitution.
Additionally, the amendment seeks notable changes to Article 175A, which currently governs the appointment of judges to superior courts. The proposed changes aim to reshape the process of judicial appointments in line with the new Constitutional Court framework.
Restructuring of military command
Under 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, on the advice of the Prime Minister, appoints the Chief of the Army Staff ‘concurrently with the Chief of the Defense Forces’ along with the Chiefs of the Navy and Air Staff and fixes their ‘salaries and allowances’.
The bill provides that the office of Chairman of the Joint Chiefs of Staff will be abolished as of November 27, 2025. Strategic military authority would instead be concentrated under the new Chief of Defense Forces.
Clause (5) provides that “The office of the Chairman, Joint Personnel Committee shall be abolished with effect from the twenty-seventh day of November, two thousand and twenty-five.”
Additional clauses outline a revised senior command appointment structure. The Prime Minister, on the recommendation of the Chief of the Army Staff, simultaneously appoints the Chief of the Defense Forces the Chief of the National Strategic Command with salaries and allowances set by the Prime Minister.
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According to clause (7), “Where the Federal Government promotes a member of the Armed Forces to the rank of Field Marshal, Marshal of the Air Force or Admiral of the Navy, such officer shall retain the rank, privileges and remain in uniform for life,” it added.
These officials are accorded constitutional protection and cannot be removed except through the procedure described in Article 47. The immunity enjoyed by the President under Article 248 is also extended to them.
Further provisions state that after terminating their command, 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, which empowers the President to transfer Supreme Court judges between provinces based on the recommendation of the Judicial Commission of Pakistan, which for this purpose will include the Chief Justices of both High Courts concerned.
The amendment adds that “The Chief Justices of both the 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 shall be counted from the date of first appointment and specifies that no transfer shall result in a Judge becoming Chief Justice of the acquired High Court.
A new section states that a judge who does not accept the transfer ‘shall be deemed to have retired’.
Proposal for the Federal Constitutional Court
A major structural change comes through the creation of a Federal Constitutional Court, introduced via a new chapter under Part VII of the Constitution. The Court will consist of a Chief Justice and a number of judges determined by Parliament or, until then, determined 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, to be 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.” Further, “The Federal Constitutional Court may have an equal number of judges from each province.”
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The court will have original jurisdiction in unconstitutional disputes between governments and may also hear cases relating to the enforcement of fundamental rights. Its judgments will be declaratory.
A transitional provision states that all petitions, appeals or review applications currently pending before the Supreme Court or its constitutional courts that fall under that jurisdiction will be transferred to the Federal Constitutional Court.
The judges of the court will serve until the age of sixty-eight, while the chief justice holds the office for a term of three years and retires after the end of the office regardless of age.
Changes in appointments of judges
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, senior judges from both courts and an additional judge appointed jointly by both chief justices. The senior of the two chief justices will be the chairman of the Commission.
“The senior among the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court shall be the Chairman of the Commission,” with their inter se seniority determined by the date of appointment,” it added.
Transitional arrangements enable the President, on the advice of the Prime Minister, to appoint the first Chief Justice and first judges of the Federal Constitutional Court.
The amendment also seeks to arrive at changes including abolition of suo motu powers, deletion of Article 184 from the Constitution and removal of Articles 186 and 191A.
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The proposed clause, which declared that “in the Constitution Article 184 shall be omitted,” effectively abrogates the long-standing original jurisdiction of the Supreme Court, which had empowered it to hear cases of public importance relating to the enforcement of fundamental rights.
This omission means a structural shift that transfers such constitutional jurisdiction to the newly created Federal Constitutional Court as envisaged in the amendment.
The bill further declares that “in the Constitution, Article 186 shall be omitted.” This removes the President’s power to refer questions of law to the Supreme Court for an advisory opinion, a power that had existed since the Constitution’s inception in 1973. Its omission limits the Supreme Court’s function strictly to judicial matters.
