ISLAMABAD: As speculation deepens over the proposed 27th Constitutional Amendment, legal experts have voiced concern over what they describe as a renewed attempt to curb judicial independence and roll back provincial autonomy — a move seen as a continuation of the controversial 26th Amendment that brought the judiciary under greater executive influence.
The final draft of the proposed amendment remains undisclosed, but its key features were hinted at by PPP chairman Bilawal Bhutto-Zardari, who revealed that a prime minister-led delegation had sought his party’s support. According to Bilawal, the proposals include the creation of constitutional courts, restoration of executive magistrates, new mechanisms for judges’ transfers, changes to Article 243 relating to the command of the armed forces, and the removal of constitutional protection for provincial shares under the National Finance Commission (NFC) Award.
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Legal observers are questioning the timing and motivation behind such sweeping changes. “Not a single constitutional case has been lost by the federal government since the 26th Amendment,” a senior counsel noted, citing recent cases on reserved seats, judges’ transfers, and military courts. “So what is the rationale for stirring up a new controversy?”
Former Additional Attorney General Tariq Mehmood Khokhar described the 27th Amendment as “the inevitable continuation” of its predecessor, warning that it would grant the executive “unfettered power to transfer judges, create a federal constitutional court with overriding powers, and reduce the Chief Justice of Pakistan to an ineffectual position.”
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Former SCBA president Muhammad Akram Sheikh went further, calling the move a “civilian version of a PCO,” arguing that it aims to subjugate the judiciary through compliant appointments. “The regime has decided to punish the Supreme Court in a manner not even attempted by military dictators,” he said.
Former Senate chairman Raza Rabbani, one of the architects of the 18th Amendment, expressed fears that the proposed changes could roll back key provincial powers and threaten the federation’s stability. “Tampering with the NFC Award and reversing devolution would amount to dismantling the spirit of the 18th Amendment,” he warned.
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As the government prepares to formally table the 27th Amendment, opposition parties and legal circles alike are bracing for a renewed battle over the balance of power between the executive, the judiciary, and the provinces.