-ByAbdul Rafay
AbdulRafayisawriter,researcher,journalist,andsocialcriticwithadeeppassion for history, politics, and societal issues. His work challenges conventional narratives, offering thought-provoking insights into cultural and political complexities. Through his writing, he sparks meaningful dialogue and encourages deeper understanding of the world’s evolving dynamics.
In the weeks following of a horrific terrorist attack in the capital territory that claimed dozens of lives, and amid a nation suffering from an energy crisis, mass hunger, and millions of out- of-school children,thePakistani government hascarriedout a quiet,revolutionarymodification of the country’s founding legal document. Critics see the Constitution 27th AmendmentAct, 2025, which passed with incredible speed, 64 Senate votes and approval by the National Assemblyinlessthan48hours,asaninstitutionaldestructionofjudicialindependenceandan important step toward a hybrid authoritarian state.
The government’s stated rationale was noble: to address a massive backlog of cases and establish a specialist court for complicated constitutional issues. The 49-clause amendment, however, presents a very different narrative. It carefully weakens the Supreme Court’s authority,establishesasoftalternativejudiciary,offersthepresidencylifelongprotection,and constitutionally establishes the military’s command structure in a way unique in Pakistani history. This isn’t just a legal adjustment, as I can put it, it’s “the last nail in the coffin of the 1973 Constitution’s balance of power.”
The 27thAmendment’s most important creation is the Federal Constitutional Court (FCC).A noteworthy40ofthe49clausesarecompletelydedicatedtoitscreationandempowerment.On paper, the FCC is meant to handle constitutional problems, allowing the Supreme Court to focus on its power to hear appeals. In reality, it is an organizational masterstroke to weaken a judiciary that has historically been a source of contention for the government.
Theamendmentdoesmorethanjustestablishanewcourt;itbrutallydestroysthespineofthe Supreme Court. The powers that once defined the Supreme Court are either taken away or
giventothenewFCC.Mosttragically,Article189hasbeenmodifiedtocreateanastonishing legalhierarchy:anyrulingoftheFederalConstitutionalCourthasaneffectonallothercourts in Pakistan, including the Supreme Court. However, the Supreme Court’s decision is not enforceable on the Federal Constitutional Court.
ThisoneclauseturnsPakistan’sSupremeCourttoaglorifieddistrictcourt.Itsdecisionsonthe nation’smostfundamentallawcanbecarelesslydiscardedbythenewlyestablishedgoverning body. The FCC becomes the ultimate authority of the constitution, with its rulings final and unchallengeable by the previous top institution. This is not an enlargement of the judiciary; rather, it is the establishment of a judicial system that favors the executive branch.
The change eliminates the Supreme Court’s power of Suo moto action (Article 184), which is frequently used for judicial activism and public interest lawsuits. The FCC can now only act on a formal application, severely limiting the judiciary’s power to act independently against government overreach or fundamental rights violations.The President is also prohibited from seeking Supreme Court guidance (Article 186), making the old court increasingly irrelevant.
The 27thAmendment not only establishes a parallel court, but it also ensures that the rest of the judiciary follows suit.The changes made to the judicial selection process inArticle 175A are minor but significant, ensuring that the new FCC is represented on Pakistan’s Judicial Commission. Moredisturbingly, themodification toArticle200 on thetransferof High Court Judges provides the executive with a pure authoritarian tool.
Previously, a judge’s transfer required their agreement. The President can now transfer any judge from oneHigh Court to anotherindependently, based onthe PrimeMinister’s advice. If the judge refuses, the two options are to resign or retire. This puts every judge in the country inadifficultsituation.Acriticalvoicemaybethreatenedwithadisruptivetransfertoadistant province, forcing them to either shift their lives or end their careers.
Tosweetenthepillandpre-emptresistance,theamendmentraisestheretirementageforjudges from65to68.Andthisofferofathree-yearextensionasaplannedschemetobuyseniorjudges’ agreement,ensuringtheydonotleadapassionateoppositiontothesemajormodifications.The message is clear: accept and enjoy a longer career, or resist and risk professional irrelevance.
The legislation, which has raised eyebrows for its mere bravery, offers Pakistan’s President lifetimeimmunityfromallcriminalactions.Article248nowstatesthat”nocriminal
proceedings whatsoever shall be initiated or continued against the President for his life.”This protection applies to arrest and imprisonment.
This is an unexpected shift, given that the President is mostly an elected official in Pakistan’s legislativesystem.Theofficehas”norealpower,”asopponentspointout,yetitisnowgranted thelegalimmunityofamonarch.Theargumentthatthisisonlya”perk”isrejectedasabsurd. The action has been widely seen as a strategic insurance policy for the future. It provides an escape route for prominent political figures once they retire, ensuring that whoever occupies the position, even if only for a day, is forever protected from accountability.
Ironically, the Prime Minister, the executive who holds authority and, as history shows, is considerably more likely to face prison time following their tenure, was not given the same level of protection. This selective immunization shows a thorough awareness of Pakistan’s political realities: the president is being cultivated as a secure refuge, a constitutional safe home.
Perhaps the most important, yet little-discussed, aspect of the amendment is the complete constitutionalization of the military’s command structure.The revisions toArticle 243 mark a significant shift in defence policy.
First, the office of Chairman Joint Chiefs of Staff Committee is removed. In its place, a new jobiscreated:theChiefofDefenceForces(CDF),whichwillbeheldsimultaneouslywiththe Chief ofArmy Staff. This means that the army chief now has direct command authority over thearmy,navy,andairforce,combiningmilitarypowertounprecedentedlevels.Thepremise for a “unified command” in modern combat ignores the massive centralization of operational control under a single uniformed leader.
Second, the amendment guarantees constitutional protection and lifetime rights for commanders elevated to the highest levels of Field Marshal, Marshal of the Air Force, and AdmiraloftheFleet.Thesefive-starofficerswillnow”retaintheirrank,privileges,andremain inuniformforlife.”Moreimportantly,theyaregiventhesamelifetimeimmunityfromcriminal charges as the President.
This basically raises the “national heroes” above the law. They cannot be tried, arrested, or summonstocourtfortherestoftheirlife.Theirremovalisnearlyimpossible,asitrequiresthe sametwo-thirdsmajorityimpeachmentprocessasthePresident.Thisestablishesacultureof
impunity in the military’s top levels, ensuring that past, current, and future commanders are legally untouchable.
A third key development is the establishment of the Commander of the National Strategic Command,whoisnominatedbythePrimeMinisteronthesuggestionoftheArmyChief(now the CDF). This formalizes the military’s command and control of Pakistan’s nuclear assets within the constitutional framework, blurring the distinction between civilian and military spheres.
The 27thAmendment has been heavily criticized for its procedure as well as its content. The billmovedthroughparliamentatlightningspeed.ItwaspassedbytheSenateandtheNational Assembly in 48 hours, with little debate, no substantial input from the opposition (who had mostly boycotted the proceedings), and little public consultation.
Thisrushislike”showingupforthefirstdayofclassandbeingtoldyouhaveyourfinalexam.” Manyofthosewhovotedontheamendment,acomplexdocumentwith49clauses,wereeither unawareoforunabletocomprehenditscompletewording.Keyparties,includingbarcouncils andthejudiciaryitself,wereignored.Thiswasnotadeliberateprocess;rather,itwasapolitical operation carried out with extreme caution in order to avoid thefriction of democraticdebate.
Taken collectively, the 27th Amendment indicates a dramatic departure from the idea of separation of powers, which is the foundation of any modern democratic state. In his famous work”TheSpiritoftheLaws,”theFrenchphilosopherMontesquieuarguedthatlibertycannot exist if the judicial, legislative, and executive authorities are merged into a single person or entity.
The 27th Amendment achieves this union in all but name. Through its strong hold on the legislative,thegovernmentnowhastheauthoritytoestablishafavorablejudiciary(theFCC), control the careers of judges across the board, and shield itself and its military allies from the reachofthelaw.Thelegislativepowertomodifytheconstitutionhasbeenutilizedtobringall other powers under the executive’s control.
TheSupremeCourt,astandardcheckonpresidentialexcess,hasbeendeliberatelyweakened. The new “supreme” court was created by the administration and is intended to ensure compliance.Themilitary’spower,whichhaslongbeenaprominentforceinPakistanipolitics, is now constitutionally established and legally unbreakable.
For the average person dealing with terrorism, poverty, and a crushing energy crisis, the constitutional coup may appear distant and legalistic. However, the consequences areserious. It establishes a system in which accountability is a privilege rather than a right; justice can be delivered through obedient institutions; and the powerful have written their own safeguards intothenation’shighestlaw.Itismorethanjustaconstitutionalchange;itisanannouncement on Pakistani democracy’s destiny. So far, the verdict appears to be guilty as charged.
The final question concerns the amendment’s final destination rather than its legal complications. Pakistan has reached a historic moment. The 1973 Constitution, with all of its shortcomings and struggle for checks and balances, has been broken down. What emerges in its place is a state in which power is consolidated, impunity is ensured, and the only thing actually governed is the boundaries of its own authority. The amendment is a clear truth; its legacywillbewritteninthejudges’silenceanddecreasingchancesforaccountabilityforfuture generations.
