ISLAMABAD: The Senate approved the clause-by-clause 59 clauses of the 27th Constitutional Amendment with a two-thirds majority. Here are details of the amendment and key changes made in the 27th amendment.
Formation of Federal Constitutional Court
The amendment to Article 42 establishing the Federal Constitutional Court was approved. Amendments to Articles 63A, 68, 78, and 81 replaced the word “Supreme” with “Federal Constitutional Court” and included references to the new institution in relevant paragraphs.
According to the approved clause, the Federal Constitutional Court will comprise seven judges while an amendment to Article 93 empowered the Prime Minister to appoint seven advisors. Also, Article 100 was modified to reflect the new judicial terminology.
Amendments to Articles 130, 165A, and 175 included the court’s mention and definition, aligning constitutional references with the new judicial structure.
Major Judicial and Structural Reforms
Significant revisions were made to Article 175A. A new chapter — Articles 175B to 175L — was added, detailing the court’s composition and powers.
The number of judges will be determined through an Act of Parliament or by the President. Judges must be Pakistani citizens, and their maximum age limit has been fixed at 68 years.
A lawyer with 20 years of experience in constitutional law will qualify for appointment as a judge. The Chief Justice of the Federal Constitutional Court will serve a three-year term, with Islamabad designated as the court’s permanent seat.
Decisions of the court will be binding on all courts, including the Supreme Court. However, Supreme Court rulings will not apply to the Federal Constitutional Court. The Supreme Court’s jurisdiction will remain effective over all other courts in Pakistan.
Transfer of Powers and Jurisdiction
All public interest cases pending before constitutional benches will now move to the Federal Constitutional Court. A judge with five years of High Court experience will be eligible for appointment to the new court.
The Chief Justice of the Federal Constitutional Court will represent the court in the Judicial Commission. Both Chief Justices of the Supreme Court and the Constitutional Court will serve as members, along with one senior judge from each court.
Changes in Suo Motu Powers
The amendment abolishes the Supreme Court’s suo motu powers and transfers this authority to the Federal Constitutional Court. Articles 184, 186, and 191A have been deleted from the Constitution, marking a major judicial shift.
Reforms in Judicial Appointments and Transfers
Under the amended Article 200, the President may transfer a High Court judge only on the Judicial Commission’s recommendation. The Chief Justice of the concerned High Court will now participate in such decisions.
The Supreme Judicial Commission has also been granted power to transfer judges. The Chief Justice of a High Court cannot be transferred, nor can any judge senior to the Chief Justice be reassigned in a way that affects seniority. The transferred judge will not hold seniority over the receiving court’s Chief Justice.
Disciplinary Measures and Judicial Council Provisions
A reference will be filed in the Supreme Judicial Council against any judge who refuses transfer. Judges will receive fixed-period pensions and post-retirement benefits under the new rules.
A reference will also be filed against any judge refusing appointment to the Federal Constitutional Court. Such judges will have the right to represent themselves before the Council.
Under Article 209, new rules for the Supreme Judicial Council will have to be firmed up within 60 days. Chief Justices have been empowered to nominate a judge of the Federal Constitutional or Supreme Court for a two-year period. Meanwhile, two senior High Court judges will serve as members of the Judicial Council. The Chief Justices of both top courts will head the Judicial Council.
Note: Details of 27th amendment about Pakistan Army’s heirarchy will also be updated in this story soon.
