Govt finalising 27th Amendment draft with key defence reforms

ISLAMABAD: The government is finalising the draft of the proposed 27th Constitutional Amendment Bill, which is expected to be ready by Thursday, as it plans to get the amendment approved by the federal cabinet on Friday before laying it in the Senate the same day.

According to official sources, a key defence-related clause in the proposed amendment aims to further streamline coordination and collaboration among the country’s armed forces to ensure a unified and swift response to any foreign aggression.

The provision is said to have been framed in light of lessons learned from the recent Pakistan-India war scenario and the changing dynamics of modern warfare, where inter-services unification and coordination are deemed crucial.

The ruling Pakistan Muslim League-Nawaz (PMLN) has been consulting its coalition partners to ensure smooth passage of the amendment package. Prime Minister Shehbaz Sharif, accompanied by a PMLN delegation, had already met with PPP leaders President Asif Ali Zardari and Chairman Bilawal Bhutto Zardari to seek their party’s support for the constitutional package.

While the PPP has reportedly agreed to most of the proposed changes, it has expressed reservations about the suggested amendment concerning the National Finance Commission (NFC) Award. Party sources said the PPP is not willing to support any move that could affect the constitutional protection of provincial shares in national resources.

Bilawal Bhutto was the first one to disclose about the 27th constitutional amendment and said the proposed changes include the establishment of constitutional courts, restoration of executive magistrates, transfer of judges, changes to Article 243 (relating to the command of the armed forces), and bringing back education and population planning to the federal list.

A session of the PPP’s Central Executive Committee (CEC) has been called for Thursday at Bilawal House, Karachi, after President Zardari’s return from Doha, to finalise the party’s position on the matter.

Meanwhile, government sources said the leadership has directed dozens of treasury MNAs and senators currently abroad to return immediately. Most have already reached Islamabad, while the remaining a few are expected to arrive by Thursday, as the government gears up for what it hopes will be smooth sailing of the proposed amendment through Parliament. Talking to Geo News exclusively on Wednesday in Islamabad, Defence Minister Khawaja Asif said Wednesday consultations were under way for amendments to the law that governs armed forces.

“Consultations on amending Article 243 are ongoing [...] defence requirements have changed,” the minister told .

The Constitution’s Article 243 states, “The Federal Government shall have control and command of the Armed Forces” and “the Supreme Command of the Armed Forces shall vest in the President”, among other things.

“This entire process will be carried out through mutual consultation,” said the defence minister.

Asif noted that consultations were ongoing with all political parties on the proposed amendment.

However, he declined to further comment on the potential tweak, saying that he “would not say anything until the amendment to Article 243 was finalised”.

The minister expected clarity on the consensus within the next two or three days, with the 27th Amendment likely to be presented to parliament next week.

The defence minister said that proposals for the amendments also included the establishment of a separate Constitutional Court with representation from every province.

Asif said that Constitutional cases, though only 6 per cent, took time due to their complex nature. The judges who hear daily cases also handle constitutional matters, he said, adding that improvements were being made through bench formation.

However, the Constitutional benches were being criticised as a “court without a court,” he said.

Asif noted that the Chief Election Commissioner’s appointment would be referred to “a third institution” in the event of a deadlock.

The defence czar warned of constitutional complications due to the delay in the Khyber Pakhtunkhwa Senate elections.

He, however, said that discussions were under way to ensure senators cover their terms and avoid constitutional complications.

The matter of judges’ transfers will be entrusted to the Judicial Commission of Pakistan (JCP), Asif added.