27th Constitutional Amendment explained: Major changes you should know

ISLAMABAD: The National Assembly has passed the 27th Constitutional Amendment, bringing significant reforms to Pakistan’s judiciary, defence command, and executive structure. The 27th Amendment also includes key changes to specific articles governing judges’ appointments, transfers, and retirement, as well as provisions for federal and provincial advisers.

 

Judicial Reforms and Federal Constitutional Court:

Following the 27th Constitutional Amendment, the current Chief Justice will continue as the Chief Justice of Pakistan until retirement. After their retirement, the senior-most judge from the Supreme Court or Federal Constitutional Court will assume the role of Chief Justice of Pakistan.

The Federal Constitutional Court and the Supreme Court Chief Justices will serve as members of the Judicial Commission, alongside two senior judges from each court. Judges can now be jointly appointed for a two-year term, and the senior-most Chief Justice among the two courts will serve as the head of the commission.

Amendments to Article 200 have revised the process for High Court judge transfers, limiting presidential powers and ensuring that no transfer affects judicial seniority. Any refusal by a judge to accept a transfer will result in a reference being filed with the Supreme Judicial Council, which must decide within 30 days. Until a decision is made, the judge will not carry out official duties.

Additionally, judges who decline appointments to the Federal Constitutional Court will be treated as retired, with pensions and benefits preserved. The amendments also restrict any judicial review over constitutional amendments under Article 239.

Military and Administrative Reforms:

The Chief of Army Staff will now also serve as Chief of Defence Forces, and the Chairman of the Joint Chiefs of Staff Committee post will be abolished effective November 27, 2025. The Prime Minister will appoint the head of the National Strategic Command on the Army Chief’s recommendation, and the commander will be drawn from the Pakistan Army.

Governance Adjustments:

The amendment increases the number of federal and provincial advisers from 5 to 74, with the Prime Minister allowed to appoint up to 7 advisers under Article 93. Amendments to Article 130 ensure that provincial cabinets do not exceed 15 percent of assembly members or 17 members, and Article 105 clarifies the formation of governor’s cabinets.

Supreme Judicial Council Reforms:

Under Article 209, the amendment was passed with a two-thirds majority, mandating that new rules for the Supreme Judicial Council be formulated within 60 days. The Chief Justices of the Federal Constitutional Court and Supreme Court, along with two senior judges from each court, will serve as members. High Court senior judges will also be included, and the senior-most Chief Justice between the two courts will act as the Council’s head.

These reforms are designed to strengthen judicial independence, ensure transparent appointments, enhance federal-provincial coordination, and streamline military command structures, marking one of the most significant constitutional overhauls in recent history.