Following the controversial passage of the 26th Amendment, speculation about the government’s next move on constitutional amendments had been rife. Now, almost a year later, we have finally heard about the proposed 27th Amendment from PPP Chairman Bilawal Bhutto Zardari. In an official tweet, Bilawal announced that Prime Minister Shehbaz Sharif has asked his party to support the amendment, sharing some of the proposed changes. According to Bilawal, the amendment includes several key measures: the establishment of a constitutional court, the transfer of judges and executive magistrates, the removal of protections for provincial shares in the National Finance Commission (NFC), the return of education and population planning to the federal government, a resolution to the deadlock over appointments to the Election Commission of Pakistan (ECP), and amendments to Article 243 of the constitution. While the details of the proposed changes remain limited, it is unclear whether these will be the final provisions included in the draft that the government will table in parliament. The period before the passage of the 26th Amendment saw multiple proposals, accompanied by a political circus marked by constant back-and-forth between various parties.
However, based on the information made public by Bilawal, we can begin to assess what the proposal might entail. When it comes to the creation of a constitutional court, the PPP has long championed this idea, and it seems unlikely to oppose it now. Still, negotiations may be necessary regarding the formula for provincial representation in this court or whether there will be separate provincial constitutional courts. A more contentious point in the proposed changes is the transfer of judges. Legal experts have raised concerns that this measure could lead to judges being moved without their consent, a move that could significantly undermine judicial independence. Regarding executive magistrates, the proposal appears to be aimed at shifting powers back from the judiciary and the police to the bureaucracy. Whether this will follow the pre-Musharraf model or take a different form remains unclear. Another aspect of the amendment that has sparked considerable debate is the proposed revision of Article 243, which vests the Supreme Command of the Armed Forces in the president. There are concerns that the amendment may destabilise the already delicate civil-military balance.
One of the most contentious concerns is what is being seen as the potential rollback of the 18th Amendment, particularly in regard to the protection of provincial shares in the NFC Award and the return of education and population planning to the federal government. Many are asking whether this marks an attempt to undo key provisions of the 18th Amendment, and whether the PPP, which has long taken pride in this achievement, will abandon it. Some observers argue that the move may not be as drastic as it seems. They point out that while provinces have been allocated substantial funds from the NFC, many have failed to generate sufficient revenue or manage their finances effectively. The IMF has exerted significant pressure on the federal government to increase revenue, and some believe the federal government’s inability to meet its fiscal commitments stems from its limited control over provincial finances. In this context, any changes to the NFC might aim to strengthen the federal government’s fiscal autonomy without undermining provincial autonomy. Ultimately, the key to the success of the 27th Amendment will be transparency. It is crucial that the government makes the draft publicly available and engages in an open debate with relevant stakeholders. Only then can we ensure that any changes to the constitution serve the people’s interests, rather than consolidating power in the hands of any one institution.