The federal government has introduced the 27th Constitutional Amendment Bill, 2025, in the National Assembly, proposing significant reforms in the structure and functions of the superior judiciary, the appointment of judges, and the establishment of a new Federal Constitutional Court (FCC).
The bill seeks to amend various articles of the Constitution, aiming to redefine judicial powers and introduce new mechanisms for accountability, transparency, and efficiency within the justice system.
According to the text of the amendment, Article 175 is to be renamed “The Judiciary,” establishing two distinct branches of the superior courts — the Federal Constitutional Court and the Supreme Court of Pakistan. The Federal Constitutional Court would be responsible for constitutional interpretation, enforcement of fundamental rights, and intergovernmental disputes, while the Supreme Court would continue to function as the apex court for civil and criminal matters.
Key Highlights of the Proposed Amendment
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Creation of Federal Constitutional Court (FCC):
The FCC would comprise a Chief Justice and eight judges, appointed for a term of three years. It will have exclusive jurisdiction over constitutional matters, including those arising under Article 184(3). -
Redefining Supreme Court Jurisdiction:
The Supreme Court’s primary role would shift toward appeals and judicial review, excluding cases assigned to the FCC. The Chief Justice of Pakistan would remain the administrative head of the Supreme Court. -
Judicial Commission for Appointments:
A new mechanism for the appointment of judges is proposed, expanding the role of parliamentary and executive input in the Judicial Commission, which will recommend names to the President for approval. -
Limitations on Suo Motu Powers:
The bill seeks to restrict the Chief Justice’s unilateral power to take suo motu notice under Article 184(3), making such actions subject to approval by a committee of senior judges. -
Transparency in Judicial Proceedings:
To ensure accountability, the amendment introduces provisions for transparency in case allocation, financial disclosures by judges, and timelines for decisions.
Other Amendments
The bill also proposes structural and procedural changes in several constitutional articles (including Articles 175A, 177, 184, and 191) to align with the new judicial framework. It defines the process of transferring pending constitutional cases from the Supreme Court to the FCC once the latter becomes operational.
Moreover, the amendment emphasizes that both courts shall function independently but in coordination to ensure the timely delivery of justice and adherence to constitutional principles.
Political Response and Analysis
The government has described the proposed 27th Amendment as a step toward “institutional balance and judicial efficiency.” However, opposition parties and legal experts have voiced concerns that the changes could curtail the independence of the judiciary and empower the executive in judicial appointments.
Analysts suggest the creation of a parallel constitutional court could dilute the authority of the Supreme Court and lead to jurisdictional conflicts between the two apex bodies.
The bill has now been referred to the Standing Committee on Law and Justice for further deliberation before it is tabled for voting.
