The National Assembly passed the Constitution (Twenty-seventh Amendment) Bill, 2025, on Wednesday, introducing significant revisions to the version previously approved by the Senate. The legislation establishes a new Federal Constitutional Court while clarifying judicial titles and hierarchy within Pakistan’s legal system.
The treasury benches endorsed the amendments through majority voting, reflecting cross-party support for the revised constitutional framework. The final version omitted several provisions that had appeared in the Senate-approved draft, particularly those concerning oath procedures for constitutional officeholders.
The revised bill explicitly incorporates the Federal Constitutional Court into Article 6(2A), which addresses high treason. This insertion ensures the new court falls within the constitutional scope governing treason cases, a clarification absent from the Senate version.
Additionally, the National Assembly introduced a new clause amending Article 10(4) concerning preventive detention. This revision adds a specific reference to the Supreme Court within the article’s explanatory provisions.
The Assembly eliminated several oath-related clauses that had formed part of the Senate draft. These included provisions that would have altered oath procedures for multiple constitutional offices.
Clause 4 proposed changing the presidential oath from administration before the Chief Justice of Pakistan to the Chief Justice of the Federal Constitutional Court. Similarly, Clause 51 sought to modify the Chief Election Commissioner’s oath procedure.
Clauses 19 and 55, which addressed oath administration for the Auditor-General and alternative oath arrangements, were also removed from the final legislation. These changes maintain existing oath procedures rather than transferring them to the new court.
Seniority System for Chief Justice Title
A significant amendment establishes a seniority-based system for determining which judicial officer carries the title “Chief Justice of Pakistan.” The legislation specifies that the position will be held by the more senior officer among the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court.
This provision ensures that the incumbent Chief Justice, Yahya Afridi, retains his title during his term. Future appointments will follow the seniority principle, giving the government discretion in determining which judge receives the prestigious designation.
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Constitutional expert Barrister Ali Tahir characterised most amendments as “cosmetic in nature,” primarily adding references previously omitted from the Senate version. He noted that the significant change concerns the Chief Justice position and the determination of seniority.
Tahir expressed concern about “person-specific constitutional changes,” suggesting they have limited place in a developed legal system. The amendments appear tailored to address immediate questions regarding the judicial hierarchy while establishing the new constitutional court framework.
