In a significant move to transform Pakistan's judicial landscape, the federal government has unveiled key details of the proposed 27th Constitutional Amendment. The cornerstone of this historic reform is the establishment of a specialized Constitutional Court, dedicated solely to handling constitutional matters.
Structure and Composition of the New Court
The proposed Constitutional Court will initially be composed of seven judges, who will serve until a retirement age of 68 years. This is notably three years higher than the retirement age for judges currently serving in the Supreme Court of Pakistan.
According to official sources, the majority of the new bench, five judges, will be selected from the existing roster of Supreme Court judges. The remaining positions are also under consideration for appointment from among serving High Court judges. Insiders have indicated that Justice Aminuddin Khan is the most likely candidate to be appointed as the inaugural head of this new judicial body.
Objectives and Logistical Considerations
The primary aim behind creating this dedicated court is twofold: to ensure the speedy resolution of constitutional disputes and to substantially reduce the overwhelming caseload currently burdening the Supreme Court.
Discussions regarding the physical location for the Constitutional Court are actively ongoing. Two primary options are on the table. The first involves setting up the court within the Islamabad High Court building, which would potentially require relocating the High Court to its former premises in Sector G-9. The second option is to house it in the Federal Shariat Court building. If this option is chosen, the Federal Service Tribunal may be moved to the building's first floor.
Broader Constitutional Reforms
The 27th Amendment also proposes another major change to the country's supreme law. It seeks to amend Article 243 of the Constitution to create a new, high-level military post—the Commander of Defence Forces. This position is designed to define the tenure and responsibilities of the role, with the ultimate goal of fostering greater coordination and establishing a unified command structure among Pakistan's three armed forces.
Officials have highlighted that the concept of a Constitutional Court is not entirely new. It was first agreed upon as a mutual goal between the Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) under the terms of the 2006 Charter of Democracy. Negotiations between the current coalition partners concerning the final details of the 27th Constitutional Amendment are still in progress.
