Pakistan Constitutional Reforms 2025: 27th Amendment

The Constitution (Twenty-seventh Amendment) Act, 2025, represents a fundamental restructuring of Pakistan’s judicial and administrative framework. This Act comes into force immediately. Driven by the need to manage the increasing volume of constitutional petitions filed before the Supreme Court, the core objective is to ensure specialised adjudication of constitutional matters.

The Bill introduces sweeping institutional changes, prominently featuring the creation of the Federal Constitutional Court (FCC) and specific administrative amendments concerning the Armed Forces.

I. The New Judicial Architecture: Federal Constitutional Court (FCC)

The primary goal of the reforms is to establish the FCC, thereby enabling the Supreme Court to focus on its appellate jurisdiction and reduce case pendency. This is achieved through the insertion of a new Chapter 1A into the Constitution, establishing the FCC (Article 175B).

A. Composition, Tenure, and Judicial Hierarchy

Composition: The FCC must have an equal number of Judges from each Province and at least one Judge from the Islamabad High Court.

Qualifications: A person must be a citizen of Pakistan and must either be a current or former Judge of the Supreme Court, have served as a High Court Judge for at least five years, or have been an advocate of a High Court for twenty years while also being an advocate of the Supreme Court.

Tenure of Judges: A Judge of the FCC holds office until they reach the age of sixty-eight years.

Chief Justice Term Limit: The term of office for the Chief Justice of the Federal Constitutional Court is limited to three years, or until they attain sixty-eight years, whichever is earlier. Upon completion of the three-year term, the Chief Justice shall stand retired notwithstanding their age of superannuation.

Precedent Hierarchy (Article 189): A decision of the Federal Constitutional Court shall be binding on all other courts in Pakistan, including the Supreme Court. Conversely, any decision of the Supreme Court shall be binding on all other courts except the Federal Constitutional Court.

B. Shift in Jurisdiction and Transfer of Cases

The amendment dramatically reallocates constitutional jurisdiction:

Original Jurisdiction (Article 175E): The FCC is granted exclusive original jurisdiction over disputes between any two or more Governments (Federal and Provincial Governments). In this capacity, the FCC shall pronounce declaratory judgments only. It also has the power to issue orders related to the enforcement of Fundamental Rights where a question of public importance is involved.

Supreme Court Jurisdiction Omitted: Article 184 (related to the Supreme Court's original jurisdiction) is omitted.

Appellate Jurisdiction (Article 175F): The FCC gains jurisdiction to hear appeals from High Courts regarding cases involving a substantial question of law as to the interpretation of the Constitution.

Case Transfers: All petitions, appeals, and review applications related to the FCC’s new original (Article 175E) and appellate (Article 175F) jurisdictions, which were previously pending or filed before the Supreme Court, shall forthwith stand transferred to the Federal Constitutional Court.

II. Restructuring Constitutional Bodies (JCP and SJC)

The Act amends the composition of the bodies responsible for judicial appointments and accountability to integrate the FCC leadership.

A. Judicial Commission of Pakistan (JCP - Article 175A)

The JCP is reconstituted to facilitate the appointment of Judges to the FCC and the Supreme Court.

Chairmanship: The senior amongst the Chief Justice of the FCC and the Chief Justice of the Supreme Court shall be the Chairperson of the Commission.

New Members: The JCP membership now explicitly includes the Chief Justice of the Federal Constitutional Court, the Chief Justice of the Supreme Court, one next most senior Judge each from both Courts, and a Judge jointly nominated by the respective Chief Justices.

B. Supreme Judicial Council (SJC - Article 209)

The Council, which handles judicial accountability, is also restructured.

Chairperson: The senior of the Chief Justice of the FCC or the Chief Justice of the Supreme Court shall be the Chairperson of the Council.

Composition: The Council consists of the Chief Justice of the FCC, the Chief Justice of the Supreme Court, one next most senior Judge each of both Courts, a jointly nominated Judge, and the two most senior Chief Justices of the High Courts.

Procedural Rulemaking: The Council shall make rules regulating its procedure and conduct of business within sixty days of the Act's commencement. Failure by a High Court Judge to accept a transfer under Article 200 may result in proceedings under Article 209 within thirty days.

III. Key Administrative, Defence, and Immunity Amendments

A. Armed Forces Restructuring (Article 243)

The amendments aim to improve procedural clarity and administrative structure relating to the armed forces.

Abolition of CJCSC: The office of the Chairman, Joint Chiefs of Staff Committee, shall stand abolished effective November 27, 2025.

Chief of Defense Forces: The President shall, on the advice of the Prime Minister, appoint the Chief of the Army Staff concurrently as the Chief of the Defense Forces.

High Rank Status: Officers promoted to the ranks of Field Marshal, Marshal of the Air Force, or Admiral of the Fleet shall retain their rank, privileges, and uniform for life. Notably, the protections of Article 248, applicable to the President, shall mutatis mutandis apply to these high-ranking officers.

B. Immunity and Constitutional Finality

Presidential Immunity (Article 248): Clause (2) is substituted to state that no criminal proceedings whatsoever shall be initiated or continued against the President for his life and against a Governor during his term of office. No process for arrest or imprisonment shall be issued from any court. This protection does not apply if a former President holds a public office after he ceases to be the President.

Finality of Amendments (Article 239): The Act substitutes clause (5) to declare that, notwithstanding any judgment of any court, no court shall have jurisdiction to call in question any amendment to the Constitution on any ground whatsoever.

Analogy for Understanding the Judicial Shift:

The creation of the Federal Constitutional Court (FCC) is like taking a hospital (the Supreme Court) that was overwhelmed by general emergencies (constitutional cases) and establishing a specialised cardiac unit (the FCC). By transferring all critical heart cases (constitutional matters) to the new specialist unit, the main hospital (the Supreme Court) can now efficiently handle its primary load, such as standard criminal and civil appeals, significantly reducing the overall waiting time and maximising expertise in both areas.

Please find the official bill below: