Govt decides to provide protection to military leadership through 27th amendment

ISLAMABAD: The Federal government has decided to provide legal protection to the military leadership through the 27th amendment, ARY News reported.

Under the proposed draft of the 27th amendment, the Field Marshal will be secured against any legal action, mirroring the protection given to the President under Article 248.

The draft specifies that no action can be taken against the Field Marshal unless he violates his constitutional and legal obligations.

The proposed draft extends the protection under Article 248 to other high-ranking military officers, as well as reaffirming protection for the President.

Article 248 currently ensures that cases against the President and high-ranking military officers cannot be tried in local courts without parliamentary procedure.

The draft maintains that the only way to initiate legal action or remove the President and high-ranking officers is through the Parliament, requiring a two-thirds majority approval from the National Assembly and Senate for the President’s removal.

They cannot be removed by any local court or other government institution.

Earlier in the day, the federal cabinet approved the 27th Constitutional Amendment.

A brief session of the federal cabinet was held in Islamabad, chaired by Prime Minister Muhammad Shehbaz Sharif via video link from Baku, Azerbaijan, where he is on an official visit along with Chief of the Army Staff, Field Marshal Syed Asim Munir.

Attorney General for Pakistan Mansoor Usman Awan briefed the cabinet on the proposed amendment, while the session also reviewed the Pakistan Peoples Party’s (PPP) recommendations regarding the constitutional changes.

After considering the recommendations, the federal cabinet gave its formal approval to the 27th Amendment.

The meeting was originally scheduled for Friday but was postponed after the PPP — a key coalition partner — objected to several major proposals included in the amendment package.

Key features of the 27th Constitutional Amendment have also emerged, revealing the government’s plan to establish a Constitutional Court to exclusively deal with constitutional matters.

Creation of New Defence Post
The 27th Constitutional Amendment proposes the creation of a new post — Commander of Defence Forces — under an amendment to Article 243 of the Constitution.

The position would define the tenure and responsibilities aimed at ensuring greater coordination and unified command among Pakistan’s three armed forces.

Formation of Constitutional Court
According to official sources, the Constitutional Court will initially comprise seven judges with a retirement age of 68 years, three years higher than that of Supreme Court judges.
Out of these seven, five judges will be selected from the existing Supreme Court bench, while a few High Court judges are also under consideration for appointment.

Justice Aminuddin Khan Likely to Lead
Sources indicated that Justice Aminuddin Khan is likely to be appointed as the head of the new Constitutional Court.
The formation of the court aims to ensure speedy adjudication of constitutional disputes and reduce the burden on the Supreme Court.

Court Location Under Discussion
Discussions are ongoing about the location of the new court. Two options are under consideration:

Setting it up in the Islamabad High Court building, with the High Court possibly being relocated to its former site in Sector G-9, or
Housing it in the Federal Shariat Court building, in which case the Federal Service Tribunal would be shifted to the first floor of that facility.