The draft of Pakistan’s proposed 27th Constitutional Amendment introduces sweeping changes to the country’s governance structure. Specifically, it grants the President lifetime immunity, restructures the top military command, and establishes a new superior court. Consequently, this package represents one of the most significant constitutional reforms in recent years.
A key provision in the draft grants the President lifetime immunity from prosecution and arrest. According to sources, the Pakistan Peoples Party (PPP) demanded this clause during joint parliamentary committee deliberations.
Currently, Article 248 of the Constitution provides legal protection to the President and Governors only during their term in office. However, the amendment permanently expands this shield for the President alone. For example, it inserts the phrase “Notwithstanding any judgment of any court” and explicitly states that no criminal proceedings can occur against the President for life, and no court can order their arrest or imprisonment.
Military Restructure: New Chief of Defence Forces
The bill fundamentally overhauls the military command structure. Primarily, it abolishes the position of Chairman Joint Chiefs of Staff Committee (CJCSC) effective November 27, 2025.
In its place, the amendment creates a new post titled “Chief of the Defence Forces.” The President, on the Prime Minister’s advice, will appoint the Chief of the Army Staff to this role concurrently. This change concentrates strategic military authority under a single commander.
Read: 27th Constitutional Amendment Proposed Military Command Changes in Pakistan
Additionally, the amendment grants constitutional protection to officers promoted to the highest ranks, Field Marshal, Marshal of the Air Force, or Admiral of the Fleet. Notably, these officers will retain their rank, privileges, and uniform for life and receive the same immunity from prosecution as the President, as outlined in Article 248.
Judicial Overhaul: A New Federal Constitutional Court
Perhaps the most profound change is the creation of a Federal Constitutional Court. This new court will handle constitutional disputes and interpret the Constitution with the authority to do so.
To facilitate this, the bill abolishes the Supreme Court’s suo motu jurisdiction by omitting Article 184 from the Constitution. It also removes Article 186, which allowed the President to seek the Supreme Court’s advisory opinion on legal questions.
Furthermore, all pending cases falling under this new court’s jurisdiction will transfer from the Supreme Court. The Chief Justice of this new court will serve a fixed three-year term.
Changes to Judicial Appointments and Transfers
The amendment also alters the process for appointing and transferring judges. For instance, it expands the Judicial Commission of Pakistan (JCP) to include the Chief Justice of the new Federal Constitutional Court.
Regarding transfers, it empowers the President to transfer a High Court judge to another province based on the JCP’s recommendation. Crucially, a judge who refuses the transfer will be deemed to have retired.
In summary, the 27th Constitutional Amendment proposes a comprehensive recalibration of power between Pakistan’s presidency, military, and judiciary. Its passage would mark a historic shift in the country’s constitutional framework.
