KARACHI: The government has proposed sweeping changes to Pakistan’s constitutional and institutional framework through the 27th Constitutional Amendment Bill, 2025, tabled in the Senate on Saturday.
The bill seeks to establish a Federal Constitutional Court (FCC), redraw the judicial hierarchy and restructure the military command system.
Creation of FCC: The proposed amendment creates a Federal Constitutional Court of Pakistan, which would function as an apex body for all constitutional
matters. The new court would consist of a chief justice and a number of judges “as may be determined by parliament or, until so determined, as fixed by the president”, with equal provincial representation.
The FCC would have exclusive original jurisdiction in disputes between the federation and provinces, as well as the power to interpret the constitution and decide matters involving the enforcement of fundamental rights.
All existing constitutional petitions, appeals and reviews pending before the Supreme Court would automatically stand transferred to the FCC, effectively bifurcating the country’s apex judiciary into two distinct institutions -- the Supreme Court and the Federal Constitutional Court.
The chief justice of the FCC would have a three-year term or serve until the age of 68, whichever comes first. The FCC would be headquartered in Islamabad, though it may hold sittings elsewhere with the president’s approval.
Appointment and composition reforms: The bill also overhauls Article 175A, revising the composition of the Judicial Commission of Pakistan (JCP), which appoints judges. The commission would now include both the chief justice of the Supreme Court and the chief justice of the FCC, along with senior judges from each.
Notably, the first chief justice and first batch of FCC judges would be appointed directly by the president on the advice of the prime minister, in consultation with the FCC’s chief justice. The bill specifies that these transitional provisions will lapse once the first appointments are made.
It also adjusts the Judicial Commission’s seniority rules, clarifying that the senior-most among the two chief justices (FCC and SC) will chair the commission.
The bill also provides for the appointment of acting or temporary judges to the FCC from among serving or retired judges of the Supreme Court or high courts, when vacancies arise.
Jurisdictional realignment: Under the new scheme, the Supreme Court will retain its appellate role in civil, criminal and contempt matters, but its constitutional jurisdiction (including the current Article 184(3) suo-motu powers) will shift to the FCC.
Article 184, which currently empowers the Supreme Court to directly take up cases of public importance involving fundamental rights, will be omitted entirely. The new Article 175E assigns similar powers to the FCC, but only “if an appropriate application is filed”.
Similarly, advisory jurisdiction (Article 186), which allows the president to seek the court’s opinion on questions of law, will now rest with the FCC.
All constitutional benches or petitions pending before the SC will automatically transfer to the FCC, including those related to the interpretation of the constitution.
The bill also provides that FCC rulings will be binding even on the Supreme Court in matters of constitutional interpretation, while Supreme Court decisions will bind all other courts except the FCC -- a shift that effectively places the new court above the SC on constitutional questions.
Judicial accountability and the SJC: The Supreme Judicial Council (SJC) will also be reconstituted to include both chief justices (FCC and SC), the next most senior judges of each, one jointly nominated judge and the two senior-most high court chief justices.
The SJC will have 60 days to frame new rules for its procedures after the amendment’s passage.
Changes to high courts: High court judges may be transferred across provinces by the president on the recommendation of the Judicial Commission, and any judge refusing such transfer will be deemed to have retired.
The bill further expands this ‘deemed retirement’ principle. Under the newly amended Article 206(2), if a high court judge declines appointment to the Supreme Court or the Federal Constitutional Court, or if a Supreme Court judge refuses appointment to the Federal Constitutional Court, that judge will likewise be considered retired from office, entitled to pension and benefits.
High court benches dealing with constitutional matters under Article 199 will now be formally recognised as Constitutional Benches.
Restructuring of the military command: One of the most significant non-judicial changes in the bill comes under Article 243, which redefines the command structure of the armed forces.
The chairman of the Joint Chiefs of Staff Committee post will be abolished effective November 27, 2025. The chief of army staff will concurrently serve as chief of the defence forces.
A commander of the National Strategic Command will be appointed by the prime minister on the recommendation of the chief of the defence forces. The new command will oversee strategic and nuclear responsibilities.
The president, on the prime minister’s advice, will determine the salaries, allowances and privileges of senior officers, including newly created honorary ranks.
In other changes, the prime minister may now appoint up to seven advisers, up from five. Provincial cabinets may expand. A new definition of ‘technocrat’ has been added: a person with 16 years of education and 15 years of experience in their field. The Judges’ remuneration schedule (Fifth Schedule) has been updated to include both the Supreme Court and the FCC.
The bill also formally omits Articles 184, 186 and 191A from the constitution, and revises Article 207 to extend post-retirement restrictions to FCC judges.
