Major points of the 27th constitutional amendment
President Asif Ali Zardari finally signed the 27th constitutional amendment 2025, and now it has become part of the Pakistan constitution, but what will be its implications in the long run over provincial autonomy and independence of the Judiciary?
The amendment outlines the establishment of a new institution, the Federal Constitutional Court, which will deal with constitutional matters and which may reduce some of the powers of the Supreme Court of Pakistan.
Amendments have been made in the process of appointment, transfer, and supervision of judges. Legal experts have expressed concerns that such changes could affect judicial independence, that is, the judiciary will be weakened from giving independent decisions against the government or other powerful institutions.
If the powers of the judiciary were restricted, fundamental rights, constitutional guarantees, and judicial oversight of the government may be weakened.
There are concerns about the amendment that the provincial autonomy granted under the Eighteenth Amendment to the Constitution of Pakistan is being weakened. Former Senator Raza Rabbani has warned that the amendment “will cast a shadow on provincial autonomy.”
Amendments have been made regarding the distribution of federal funds, the National Finance Commission Award, or the transfer of education and other sectors, which could reduce the fiscal or administrative autonomy of the provinces.
If the amendment gives the federation more powers than the provinces, the federal structure of the country may be affected, that is, the provinces may become weaker and the centre may have more control.
This could result in provincial governments being less effective on local issues and administrative matters at the provincial level, with decisions coming more from the centre.
Article 243 determined how the federal government would control and command the Armed Forces of Pakistan, including the appointment of the Chief of Army Staff, Chief of Naval Staff, and Chief of Air Staff.
This article is being amended in such a way that the Army Chief is constitutionally given a new post of Chief of Defence Forces (CDF), and the constitutional command of the head of all three services (Army, Navy, Air Force) will be merged with the Army Chief.
Under this, the post of Chairman Joint Chiefs of Staff Committee (CJCSC) has been abolished, meaning that this post will not remain at the constitutional level. It is intended to provide constitutional protection and lifetime immunity to officers holding five-star ranks (e.g., Field Marshal, Marshal of the Air Force, Admiral of the Fleet), meaning that they will enjoy certain privileges and immunities even after leaving office.
It is proposed to establish a new post of Commander National Strategic Command for the control of nuclear and strategic assets and to place his appointment at the discretion of the Prime Minister on the recommendation of the Army Chief.
The Army Chief will become the constitutionally “supreme commander”, who will head all three military branches. The post of CJCSC will be abolished, and new posts will be introduced constitutionally in its place.
Military officers will be provided with constitutional protections and long-term privileges, which until now were only subject to administrative orders. The military command structure will be further strengthened, and a new structure of control over nuclear and strategic assets will be introduced.
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