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Senate okays Bill for 27th Constitutional Amendment

ISLAMABAD – Monday witnessed Federal Minister for Law and Justice and Human Rights Azam Nazir Tarar moving a bill in the Upper House, which subsequently passed “The Constitution (Twenty-seventh Amendment) Bill, 2025,” envisaging the establishment of a Federal Constitutional Court.

Senator Tarar, a prominent figure within the legal fraternity, is widely respected for his adherence to the democratic and human rights principles championed by the late Asma Jahangir. In the 1980s, Jahangir became a leading voice for democracy and was imprisoned in 1983 for her participation in the Movement for the Restoration of Democracy against the military regime of General Zia-ul-Haq.

Radio Pakistan reported on Monday that as many as sixty-four members voted in favour of the bill, which is not less than two-thirds of the total membership of the House. In his remarks on the occasion, the law minister said the establishment of a Federal Constitutional Court was long awaited, as it was among the fundamental points of the Charter of Democracy.

The Federal Constitutional Court will hear cases relating to constitutional interpretation and other constitutional matters. Its permanent seat shall be located in Islamabad. According to the amendment, the President may transfer a judge of one High Court to another on the recommendations and terms determined by the Judicial Commission of Pakistan. For this purpose, the Chief Justices of both High Courts shall also be members of the Commission.

The amendment further provides that the President shall, on the advice of the Prime Minister, appoint the Chief of the Army Staff concurrently as the Chief of the Defence Forces. The appointment of the Chiefs of Air Staff and Naval Staff will likewise be made on the advice of the Prime Minister.

The office of the Chairman Joint Chiefs of Staff Committee shall stand abolished with effect from November 27, 2025. The Prime Minister shall, on the recommendation of the Chief of the Army Staff concurrently serving as Chief of the Defence Forces, appoint the Commander of the National Strategic Command from among members of the Pakistan Army and determine his salaries and allowances.

Where the Federal Government promotes a member of the Armed Forces to the rank of Field Marshal, Marshal of the Air Force, or Admiral of the Fleet, such an officer shall retain the rank, privileges, and uniform for life. Upon completion of the term of command, the Federal Government shall determine the responsibilities and duties of these officers in the interest of the State.

As per the constitutional amendment, no criminal proceedings whatsoever shall be initiated or continued against the President for life, or against a Governor during his term of office, in any court. However, these provisions shall not apply during any period in which a former President holds another public office after ceasing to be President.

 

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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