Pakistan's 27th Amendment: How Military and Judiciary Face Historic Restructuring

The bill, tabled by Pakistan's Law Minister Azam Nazeer Tarar on Tuesday, requires a two-thirds majority in the 336-member National Assembly for passage, with the ruling coalition, led by the Pakistan Muslim League-Nawaz (PML-N) with 125 seats, appearing to have the numbers, with support from its allies including the Pakistan Peoples Party (PPP) with 74, Muttahida Qaumi Movement-Pakistan (MQM-P) with 22, Pakistan Muslim League-Quaid (PML-Q), and the Istehkam-e-Pakistan Party (IPP), with four seats each, as reported by Geo News.

The 27th Amendment Bill, comprising 59 clauses, was approved by the Senate earlier this week, receiving 64 votes in favour with no opposition votes as the opposition benches boycotted proceedings.

According to Geo News, the proposed legislation seeks to introduce significant changes to the military command structure and judiciary, including the creation of a Federal Constitutional Court (FCC) that will share powers with the Supreme Court, particularly in constitutional matters.

Under the amendment, Pakistan's Chief of Army Staff would also assume the title of Pakistan's Chief of Defence Forces, while honorary ranks such as Field Marshal, Marshal of the Air Force, and Admiral of the Fleet would remain lifetime titles.

The FCC would be composed of judges from across provinces with equal representation and empowered to take suo motu notices on constitutional petitions. The amendment also proposes limiting presidential immunity in certain circumstances and restructuring the judicial commission responsible for the appointment and transfer of judges.

Introducing the bill, Tarar said the reform aimed to "establish a clear constitutional framework" for judicial and defence institutions, adding that similar constitutional courts exist in many countries to handle constitutional matters, Geo News reported.

He stressed that the changes were intended to ensure judicial accountability and clarity in administrative powers.

The Law Minister also elaborated on the new judicial transfer provisions, saying that the Judicial Commission would now oversee the movement of judges between high courts.

"If a judge refuses a transfer, they will be considered retired," he explained, adding that both government and opposition members would have representation in the commission, Geo News reported.

The minister said the Supreme Court of Pakistan would focus on civil and criminal cases, while the new Federal Constitutional Court would address constitutional and provincial matters.

He also highlighted that the military reforms included in the bill were designed to "bring constitutional oversight" to defence appointments while preserving military honour and tradition, as reported by Geo News.

Opposition lawmakers, however, denounced the amendment as unconstitutional and politically motivated.

During the debate, Pashtunkhwa Milli Awami Party (PkMAP) chief Mehmood Khan Achakzai tore a copy of the bill in protest, questioning whether the current parliament--which he said was formed under "Form 47"--had the legitimacy to amend the Constitution, Geo News reported.

Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan fiercely criticised the legislation, dubbing it the "Baku Amendments" in reference to Pakistan Prime Minister Shehbaz Sharif's recent visit to Azerbaijan when the cabinet approved the draft.

"Today is a day of mourning for democracy," Gohar said, accusing the government of attempting to bury democratic norms and shield the elite from accountability, as reported by Geo News.

He further alleged that the changes were designed to protect ruling figures from corruption cases and warned that such amendments "cannot serve the public interest."

The debate comes amid heightened political tensions in the country, with both the government and opposition trading accusations of undermining constitutional principles as the historic 27th Amendment inches toward approval.

- ANI