Islamabad: Draft of 27th constitutional amendment has come to light.
The proposed draft comprises 48 clauses and 25 pages.
According to proposed draft, constitutional amendment bill is aimed at making more changes in the constitution. Bill will be applicable with immediate effect.
As per this draft bill the words Federal Constitutional Court (FCC) will be included in place of Supreme Court (SC).
Judges will be taken in FCC in equal number from all provinces.
This law will be called 27th constitutional amendment act -2025.
The clarification regarding tenure of members is mentioned in article 59. Tenure of every member will be deemed to have been completed on March 11.
As per amendment in article 243 president will appoint chief of the army staff on the advice of Prime Minister (PM). Chief of army staff will be Chief of Defence Forces as well.
It has been proposed to abolish of post of Chairman Joints Chief of Staff Committee (CJCSC) from November. PM will appoint chief of National Strategic Command on the recommendation of army chief.
The rank, perks and privileges and uniform of Field Marshal, Marshal of Air Force and Admiral of Fleet will be for the life time.
As per proposed draft constitutional court will comprise 7 judges. There is change in article No 93. Proposal is included to change word 5 into 7.
it is proposed to make mention of Federal Constitutional Court of Pakistan (FCCP) in the definition of article 175,
Senior judges of Supreme Court (SC) and FCC will be included in JCP.
Amendment is proposed in article 175-A. Chief Justice of FCC will be member of JCP.
It is proposed to abolish suo motu powers and article 184 completely. The proposal of withdrawing suo motu powers from SC is part of the constitutional amendment.
The amendment outlines the abolition of the CJCSC office and introduces the Commander of National Strategic Command, responsible for overseeing Pakistan's nuclear and strategic assets. The President, acting on the Prime Minister's advice, would appoint army, naval, and air chiefs, with the Army Chief serving concurrently as Chief of Defence Forces.
Field Marshal honour to be lifelong, Life-long constitutional protection would be granted to officers elevated to five-star ranks, including Field Marshal, Marshal of the Air Force, and Admiral of the Fleet. Such officers would retain their rank, privileges, and uniform for life, removable only via parliamentary procedures akin to impeachment.
The draft also proposes the establishment of a Federal Constitutional Court, curbing certain powers of the Supreme Court, including the removal of Article 184, which governs suo motu notices. All provinces would have equal representation, with the Chief Justice serving a three-year term.
. Constitution of Federal Constitutional Court.- (1) 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 so many other Judges as may be determined by Act of Majlis-e-Shoora (Parliament) or, until so determined, as may be fixed by the President:
Provided that the Federal Constitutional Court may have equal number of Judges from each Province.
(2) The President may, by Order, make necessary provisions for the matters consequential or ancillary to the establishment and functioning of the Federal Constitutional Court.
175C. Appointment of Federal Constitutional Court Judges.- (1) The Chief Justice of the Federal Constitutional Court and each of the
other Judges thereof shall be appointed by the President in accordance with Article 175A.
(2) A person shall not be appointed as Judge of the Federal Constitutional Court unless he is a citizen of Pakistan and-
(a) is or has been a Judge of the Supreme Court; or
(b) has, for a period of not less than seven years, been a Judge of a High Court; or
(c) has, for a period of not less than twenty years, been an advocate of a High Court and is an advocate of the Supreme Court.
(3) Notwithstanding the date of his appointment under this Article, a Judge of the Supreme Court shall retain his inter se seniority among Judges other than the Chief Justice of the Federal Constitutional Court.
175D. Oath of Office of the Chief Justice and other judges of the Federal Constitutional Court.- Before entering upon office, the Chief Justice of the Federal Constitutional Court shall make before the President, and any other Judge of the Federal Constitutional Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
175E. Original jurisdiction of Federal Constitutional Court. (1) The Federal Constitutional Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more
Governments.
In this clause, 'Governments' means the Federal Government and the Provincial Governments.
35. Substitution of Article 200 of the Constitution.- In the Constitution, for Article 200, the following shall be substituted, namely: -
'200. Transfer of High Court Judges.- (1) The President may transfer a Judge of a High Court from one High Court to another High Court on the recommendation of and on such terms and condtions as may be determined by the Judicial Commission of Pakistan as mentioned in clause (2) of Article 175A:
Provided that the Chief Justices of both High Courts shall also be members of the Judicial Commission of Pakistan for the purposes of this clause.
In this Article, 'Judge' does not include a Chief Justice but includes a Judge for the time being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196.
(2) The seniority of a Judge of a High Court transferred under clause (1) shall be reckoned from the date of his initial appointment as a Judge of the High Court:
Provided that no Judge shall be transferred to a High Court where on transfer he becomes senior to the Chief Justice of such High Court.
(3) Where a Judge is so transferred, he shall be entitled to such additional allowances and privileges, in addition to his salary and allowances, as the President may, by Order, determine.
(4) A Judge of a High Court who does not accept a transfer under this Article shall be deemed to have retired from his office and, on such retirement, he shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.'.