Post by : Raina Nasser
Islamabad, Pakistan – On Thursday, President Asif Ali Zardari officially enacted the 27th Constitutional Amendment, integrating it into Pakistan’s Constitution after Parliament's approval. This legislation instigates extensive changes to the country’s judicial framework and military leadership.
The Constitution (Twenty-Seventh Amendment) Bill, 2025, endorsed following the advice of Prime Minister Shehbaz Sharif, successfully navigated through both the National Assembly and the Senate amid intense debates and opposition demonstrations.
In the Senate, where 64 votes favored the amendment, it surpassed the necessary two-thirds majority in the 96-member chamber, with only four dissenting votes. Senate Chairman Yousuf Raza Gilani confirmed the motion's success, noting that it met the constitutionally mandated majority.
Previously, the National Assembly approved the amendment with 234 votes for and four against, post an opposition walkout. Several significant amendments were made to the Senate’s initial draft, including particulars concerning the newly founded Federal Constitutional Court (FCC), the hierarchy of the nation’s top judges, and adjustments to oath-related clauses.
Key Amendments and Changes:
Article 6(2A): The FCC is specifically included under high treason provisions.
Article 10(4): Adjusted to involve the Supreme Court in preventive detention oversight.
Oath-Related Clauses: Proposals to shift the authority of administering oaths from the Chief Justice of Pakistan to the Chief Justice of the FCC were discarded.
Judicial Hierarchy: Clause 56 now characterizes the Chief Justice of Pakistan as “the senior among the Chief Justice of the FCC and the Chief Justice of the Supreme Court,” solidifying a formal ranking system between the two highest judicial positions.
Incumbent Chief Justice Status: Clause 23 provides that the current Chief Justice maintains the title of Chief Justice of Pakistan throughout their tenure.
The amendment necessitated a two-thirds majority in the 336-member National Assembly. The ruling alliance, spearheaded by PML-N, readily garnered the necessary votes with support from coalition partners, including PPP, MQM-P, PML-Q, among others, while only four JUI-F lawmakers voted against it.
The 27th Constitutional Amendment represents a pivotal advancement in Pakistan’s legal and military reforms, reshaping the judicial landscape and clarifying command hierarchies within the armed forces. Analysts suggest that these alterations could yield lasting effects on constitutional governance and judicial autonomy in the nation.
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