The Senate completed the clause-by-clause approval of the 27th Constitutional Amendment, passing all 59 clauses.
An amendment to Article 42 establishing the Federal Constitutional Court has been approved. The amendment to Article 63A, replacing the word “Supreme” with “Federal Constitutional Court,” has also been passed.
An amendment to Article 68, incorporating mention of the Federal Constitutional Court in relation to parliamentary debate, has been approved. Similarly, an amendment to Article 78 to include reference to the Court in the relevant paragraph has been adopted.
Under Article 81, amendments adding the Constitutional Court to both paragraphs have also been approved.
The Federal Constitutional Court will consist of seven judges, according to the approved clause.
An amendment to Article 93 empowering the Prime Minister to appoint seven advisors has been passed. Likewise, the amendment to Article 100 replacing the word “Supreme” with “Federal Constitutional Court” has been approved.
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An amendment to Article 130 increasing the number of advisors to the Chief Ministers has been endorsed. The inclusion of the Federal Constitutional Court’s name in Article 165A and its definition in Article 175 has also been approved.
Major judicial and structural reforms
Significant changes have been made to Article 175A of the Constitution. In addition, a new chapter — comprising Articles 175B to 175L — has been added.
The number of judges of the Federal Constitutional Court will now be determined by an Act of Parliament or by the President, as per the amendment.
It has been made mandatory for a judge of the Federal Constitutional Court to be a Pakistani citizen. The maximum age limit for judges of the Court has been set at 68 years.
A lawyer with at least 20 years of experience in constitutional law will be eligible for appointment as a judge of the Federal Constitutional Court.
The term of the Chief Justice of the Federal Constitutional Court will be three years, and the permanent seat of the Court will be in Islamabad.
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Decisions of the Federal Constitutional Court will be binding on all courts of Pakistan, including the Supreme Court. However, no decision of the Supreme Court will apply to the Federal Constitutional Court.
The Supreme Court’s decisions will remain applicable to all other courts of the country except the Federal Constitutional Court.
Transfer of powers and jurisdiction
All public interest cases pending before constitutional benches will now be transferred to the Federal Constitutional Court.
A judge who has served in a High Court for at least five years will be eligible to become a judge of the Constitutional Court.
The Chief Justice of the Federal Constitutional Court will represent the Court in the Judicial Commission, according to the approved amendment.
Further, amendments to Article 175A regarding the appointment of judges in the Supreme Court have been approved. Both the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court will serve as members of the Judicial Commission.
Additionally, one senior judge from each of the two courts — the Supreme Court and the Federal Constitutional Court — will also be included as members of the Judicial Commission.
Changes in suo motu powers
The 27th Amendment abolishes the suo motu powers of the Supreme Court and transfers this authority to the Federal Constitutional Court.
Amendments to delete Articles 184, 186, and 191A from the Constitution have been approved.
Reforms in judicial appointments and transfers
The amendment to Article 200 limiting the President’s power to transfer judges has been passed. The President will now be authorized to transfer a High Court judge only on the recommendation of the Judicial Commission.
In case of such transfers, the Chief Justice of the concerned High Court will be included as a member of the Judicial Commission.
An amendment granting the Supreme Judicial Commission the power to transfer judges has been approved.
The Chief Justice of a High Court cannot be transferred. Moreover, no judge senior to a Chief Justice may be transferred in a way that affects the seniority of any other court. The transferred judge will also not hold seniority over the Chief Justice of the receiving court.
Disciplinary measures and judicial council provisions
A reference will be filed in the Supreme Judicial Council against any judge who refuses transfer, according to the approved amendment.
An amendment providing pension and benefits for a fixed period upon retirement has also been approved.
A reference will be filed in the Supreme Judicial Council against any judge of the Supreme Court or High Court who refuses appointment to the Federal Constitutional Court.
The relevant judge will be granted access to the Supreme Judicial Council for representation.
An amendment to Article 209 mandates the framing of new rules for the Supreme Judicial Council within 60 days.
A judge of the Federal Constitutional Court or Supreme Court may be nominated jointly by the Chief Justice of the Supreme Court and the Chief Justice of the Constitutional Court for a period of two years, under the approved amendment.
Additionally, two senior judges of the High Court will also be members of the Judicial Council. The Chief Justices of the Supreme Court and the Federal Constitutional Court will jointly head the Senior Judicial Council.
