LEGAL
The main provisions of the proposed 27th Constitutional Amendment have been revealed, outlining significant changes to Pakistan’s military structure, judiciary, and constitutional framework.
New Military Structure:
· A new post of Chief of Defense Forces (CDF) will be created, with the Army Chief concurrently serving as CDF, placing him at the apex of Pakistan’s armed services.
· The offices of Chairman Joint Chiefs of Staff Committee (CJCSC) will be abolished.
· Field Marshal, Marshal of the Air Force, and Admiral of the Fleet ranks will enjoy life-long uniform status, privileges, and judicial immunity comparable to the President. These positions can only be abolished through Parliamentary impeachment.
· The Prime Minister will appoint the Commander National Strategic Command from the Army on the recommendation of the Chief of Defense Forces.
Judicial Reforms:
· A Federal Constitutional Court will be established, with equal representation from each province.
· The Chief Justice and judges of the Constitutional Court will be appointed by the President on the advice of the Prime Minister.
· The Federal Constitutional Court will have the power to review its own decisions, and the President can refer legal matters to it for opinion.
· The Judicial Commission will have the authority to transfer High Court judges. Refusal to accept transfer will be deemed retirement.
· Article 184 (suo motu powers of the Supreme Court) will be abolished, and the Supreme Court’s jurisdiction over certain cases will be curtailed.
· Judges of the Federal Constitutional Court will serve until age 68, while the Chief Justice of the Constitutional Court will have a fixed three-year term.
Legal Protections for Officeholders:
· No criminal proceedings can be initiated against the President for life or the Governor during their tenure.
· All courts, except the Federal Constitutional Court, will be bound by the decisions of the Constitutional Court.
The amendment represents one of the most far-reaching proposed changes to Pakistan’s military and judicial framework in recent decades, potentially reshaping civil-military relations and judicial authority in the country.