The government has proposed granting the post of Chief of Defence Forces to the Army Chief under the 27th Constitutional Amendment. The draft of the 27th Constitutional Amendment has been revealed.
According to the draft prepared by the government, the establishment of a Federal Constitutional Court has been proposed.
According to the draft, the Federal Constitutional Court will interpret the Constitution and decide constitutional disputes. The constitutional powers will be withdrawn from the Supreme Court and given to the Federal Constitutional Court.
Article 184 of the Constitution will be abolished, and the suo motu powers will come to an end. Constitutional cases will now be heard by the Federal Constitutional Court, not the Supreme Court.
According to the draft, the Supreme Court will only remain a court of appeals and general cases. The Federal Constitutional Court will have the Chief Justice and equal representation from all four provinces. The tenure of the Chief Justice of the Federal Constitutional Court has been set at three years.
The position of the Chief Justice of Pakistan will become limited in authority. A division of powers between the Supreme Court and the Constitutional Court has been proposed. The decisions of the Constitutional Court will be binding on all courts in the country.
According to the draft, a major change has been made to the military structure. The post of Chairman Joint Chiefs of Staff Committee has been abolished, and it has been proposed that the Army Chief be given the title of Chief of Defence Forces. Under the constitutional amendment, the ranks of Field Marshal and other top military positions will be granted lifelong status.
Through the 27th Amendment, the procedure for the appointment of judges will also be changed. Both the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court will be included in the Judicial Commission. The Prime Minister and the President will have a key role in appointments.
Parliament will be given the authority to determine the number of judges in the Constitutional Court. Amendments have been proposed to Articles 42, 63A, and 175 to 191 of the Constitution.
According to the draft, the 27th Amendment will significantly reduce the powers of the Supreme Court.
Experts have termed the amendment a major shift in the powers of the judiciary and the executive, while opposition parties have expressed strong reservations over the proposed 27th Amendment.
