The draft of the 27th Constitutional Amendment Bill, 2025 has been unveiled, proposing extensive changes to 48 articles of the Constitution.
Among the most significant reforms is the proposal to establish a Federal Constitutional Court, separate from the Supreme Court.
The key features of the proposed amendment include:
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Establishment of a Federal Constitutional Court: A new Federal Constitutional Court will be created through a constitutional amendment, with its headquarters in Islamabad.
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Tenure and retirement: The Chief Justice of the Federal Constitutional Court will serve a three-year term, while the judges will retire at the age of 68.
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Jurisdiction: The Constitutional Court will have the authority to adjudicate disputes between the federation and the provinces, as well as cases involving constitutional interpretation and fundamental rights.
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Article 175 amendment: The amendment proposes to include the establishment of the Federal Constitutional Court in Article 175.
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Transfer of powers: Certain constitutional powers of the Supreme Court will be transferred to the new Constitutional Court, limiting the Supreme Court’s current jurisdiction.
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New judicial appointment process: Under the proposed Article 175A, a new procedure for the appointment of judges is introduced. The Judicial Commission will include the Chief Justices of both the Supreme Court and the Federal Constitutional Court.
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Independence of decisions: The decisions of the Federal Constitutional Court and the Supreme Court will be independent and not binding on each other. However, under Article 189, the decisions of the Federal Constitutional Court will be binding on all subordinate courts.
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Reconstitution of the Supreme Judicial Council: The Chief Justices of both the Supreme Court and the Constitutional Court will serve as members of the Supreme Judicial Council.
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New chapter introduced: A new Chapter (Articles 175B to 175L) detailing the powers and procedures of the Federal Constitutional Court will be added to the Constitution.
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Amendments to Articles 176–183: These amendments will revise terminology and provisions relating to the Supreme Court to align with the new judicial structure.
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Deletion of Articles 186 and 191A: These articles will be removed under the proposed constitutional amendment.
Also Read: Consensus on constitutional court, judges' transfer to be seen by commission: Tarar
Amendments to other key articles:
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Article 184: Proposed to be abolished.
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Article 93: The Prime Minister will be authorized to appoint up to seven advisors.
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Article 130: The number of advisors to Chief Ministers will also be increased.
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Article 206: Refusal of appointment to the Supreme Court or the Constitutional Court will be treated as a deemed retirement.
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Article 209: The Supreme Judicial Council will be required to formulate new rules within 60 days.
Also Read: Federal cabinet green-lights draft of 27th Constitutional Amendment
Senate election reforms:
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Ambiguities regarding the delay in Senate elections will be addressed.
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The term of newly elected Senate members will account for the delayed period.
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Senate elections will be held simultaneously, ensuring transparency in the election of the Chairman and Deputy Chairman.
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