ISLAMABAD: The draft of the 27th Constitutional Amendment has recently been revealed, outlining comprehensive reforms aimed at overhauling the country’s judicial, military, and administrative systems.
Introduction of a Dedicated Constitutional Court
- The amendment proposes the creation of a new Constitutional Court to replace the existing Constitutional Bench.
- This court would be responsible for constitutional interpretation and legal rulings, representing a significant change in Pakistan’s judicial structure.
- The Chief Justice of this new court would oversee both the Supreme Judicial Council (SJC) and the Judicial Commission, taking over leadership roles currently held by the Chief Justice of Pakistan.
Judicial Policy Changes and Judges’ Transfers
- A key reform involves amending Article 200 to remove the requirement for both the judge and the chief justice to give their consent before a high court judge is transferred.
- The goal is to streamline the transfer process, though it has sparked debate regarding judicial independence and autonomy.
Military Command Structure Revisions
- The amendment hints at modifications to the command hierarchy of the Pakistan Army, with specific details yet to be disclosed.
- The proposed changes aim to clarify and formalize the military’s command transfer procedures.
Financial and Provincial Authority Reforms
- The draft suggests the possibility of reducing provincial shares in the NFC (National Finance Commission) award, which could shift fiscal power towards the federal government.
- It also proposes transferring control of key sectors like population welfare and education from provincial authorities back to the federal government, reversing some provisions of the 18th Amendment.
- Additionally, the restoration of executive magistrates—an administrative structure abolished earlier is part of the plan.
Election Commission and Appointment Reforms
- The process for appointing the Chief Election Commissioner (CEC) and other Election Commission members is proposed to be redefined to shift some authority from the judiciary to the executive branch.
- These changes aim to influence the balance of power in election oversight.
Building Political Consensus
- The government has emphasized that the amendment will only be introduced in Parliament after extensive consultations with coalition partners and broad political consensus.
- The intention is to ensure that the constitutional changes are supported across the political spectrum rather than being enacted unilaterally.
Political Developments
- Bilawal Bhutto Zardari, Chairman of PPP, confirmed that Prime Minister Shehbaz Sharif and a PML-N delegation approached him and President Asif Zardari to request support for the amendment.
- The proposed reforms include establishing the Constitutional Court, reinstating the system of executive magistrates, and empowering authorities to transfer judges, reflecting a significant shift in governance.
