A landmark and highly contentious constitutional amendment bill has been introduced. In Pakistan, poised to fundamentally reshape the country's military and judicial landscape. If passed, the 27th Constitutional Amendment Bill will elevate the current Army Chief, Asim Munir, to the newly created position of Chief of Defence Forces (CDF), bestowing upon him powers that would effectively surpass those of the President and Prime Minister. This new role will grant Munir command over Pakistan's three armed services – the Army, Navy, and Air Force – and, crucially, the authority over the nation's nuclear weapons arsenal, while this move signifies a major shift in Pakistan's power dynamics, where the military has historically held significant influence.
Enhanced Powers for the Army Chief
Under the new provisions, the Chief of Defence Forces (CDF) position is being established, which will constitutionally empower the Army Chief (COAS) with authority over all military services. Previously, Article 243 declared the President as the 'Supreme Commander of the Armed Forces,' with the President appointing the three service chiefs on the Prime Minister's advice. However, in practice, the Army Chief's role has always been highly influential. With this amendment, the President's role as 'Supreme Commander' will become largely ceremonial, and the Army Chief will, in effect, become the supreme military authority. This change is expected to permanently enshrine military powers within the constitution, making it exceedingly difficult for any future civilian government to reverse these alterations. The existing position of Chairman Joint Chiefs of Staff Committee (CJCSC) is slated to be abolished on November 27, 2025, coinciding with the retirement of the current CJCSC, General Sahir Shamshad Mirza.
Government Secures Majority for Bill Passage
The Shehbaz government has tabled this bill in both houses of Parliament – the Senate and the National Assembly. To pass, the bill requires a two-thirds majority, translating to 64 votes in the Senate and 224 votes in the National Assembly. The ruling coalition currently commands 65 votes in the 96-member Senate, exceeding the required majority by one vote. Similarly, in the 326-active member National Assembly, the government enjoys the support of 233 parliamentarians. Based on these figures, the government possesses sufficient majority to pass the amendment in both houses. Once passed, it will be sent to the President for assent, after which it will become law, while this bill is considered one of the largest and most controversial proposals in Pakistan's history, as it's set to transform both the country's judicial system and its military structure.
Curtailment of Judicial Powers
Another critical aspect of this amendment is the significant reduction in the powers of the judiciary. The bill proposes four main ways to diminish the authority of the courts, raising serious questions about judicial independence, while firstly, the power to decide which judge hears which case will now be transferred from the High Court Chief Justice to the Judicial Commission of Pakistan (JCP). Legal experts argue that if the government dictates which judge hears which case,. The impartiality of judgments will be compromised, thereby impacting the independence of the judiciary.
Judges' Transfers and Case Expiry
The second major change involves the transfer of High Court judges. This authority will no longer rest with the Supreme Court Chief Justice or the Judicial Commission but will be granted to the President, while if a judge refuses to comply with such an order, they will be deemed retired. Experts suggest this amendment is an attempt to bring the courts under government control. Thirdly, under the new rules, if a case doesn't progress or isn't heard for one year, it will automatically be considered closed. Previously, this limit was six months, but courts had the discretion to decide whether a case should be closed or not, while now, this decision will be mandated by law, potentially allowing the government or administration to deliberately delay hearings to ensure cases are automatically terminated.
Establishment of a New Constitutional Court
The fourth and most significant change is the establishment of a new court, to be named the Federal Constitutional Court. This court will exclusively hear matters related to the constitution, such as disputes between federal and provincial governments, the validity of laws, or issues concerning citizens' constitutional rights, while until now, the Supreme Court handled such cases, but this new amendment will strip the Supreme Court of this power. Judges of this new court will be appointed with the involvement of both the President and the Prime Minister, and Parliament will determine the number of judges and their tenure. Most controversially, if a Supreme Court judge is transferred to this new Constitutional Court and refuses the transfer, they will be declared retired. This move will profoundly impact the independence of the judiciary and the. Role of the Supreme Court, further increasing government control over the judicial system.
