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Post by : Rameen Ariff
Islamabad, Pakistan – On Thursday, President Asif Ali Zardari officially enacted the 27th Constitutional Amendment, integrating it into Pakistan’s Constitution after receiving Parliament's approval. This significant move introduces far-reaching reforms impacting the judicial structure and military leadership.
The Constitution (Twenty-Seventh Amendment) Bill, 2025, approved upon Prime Minister Shehbaz Sharif's recommendation, was previously debated and passed amid significant opposition protests in both the National Assembly and Senate.
In the Senate, the amendment garnered 64 votes in favor, surpassing the required two-thirds majority among the 96 members. Senate Chairman Yousuf Raza Gilani announced the passage, confirming the votes conformed to constitutional requirements.
Just a day prior, the National Assembly endorsed the amendment with 234 votes supporting it and four in opposition, occurring after an opposition walkout. Key adjustments to the Senate's original proposal were introduced, including details about the newly-formed Federal Constitutional Court (FCC), the hierarchy of leading judges, and the removal of specific oath-related clauses.
Significant Amendments and Revisions:
Article 6(2A): Now recognizes the FCC under high treason laws.
Article 10(4): Update incorporates the Supreme Court in preventive detention regulations.
Oath-Related Provisions: Shift of oath administration authority from the Chief Justice of Pakistan to the Chief Justice of the FCC was dismissed.
Judicial Hierarchy: Clause 56 clarifies that the Chief Justice of Pakistan is now the “senior among the Chief Justice of the FCC and the Chief Justice of the Supreme Court,” establishing a formal ranking.
Sitting Chief Justice Status: Clause 23 guarantees that the current Chief Justice holds the title throughout their tenure.
The amendment necessitated a two-thirds majority in the 336-member National Assembly. The governing coalition led by PML-N swiftly secured adequate votes with assistance from allied parties, including PPP, MQM-P, and PML-Q, while only a few JUI-F members opposed the amendment.
The 27th Constitutional Amendment signifies a pivotal change in Pakistan’s legal and military landscape, providing clearer definitions of judicial roles and command structure within the military. Analysts suggest these adjustments may have enduring effects on constitutional governance and judicial autonomy in the nation.
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