Proposed 27th Amendment challenged in top court

A petition has been filed by senior lawyer Barrister Ali Tahir in the Supreme Court under Article 184(3) challenging the proposed 27th Amendment.

The petition contests the amendment’s provisions relating to the powers of the Supreme Court and High Courts. It argues that judicial review powers under Articles 184(3) and 199 are a fundamental pillar of the Constitution and cannot be abolished, suspended, or replaced by a parallel system.

The purpose of the petition is to preserve the jurisdiction of the higher courts, untouched by any constitutional tweaks.

The petition warns that, if passed, the amendment would prevent the Supreme Court and High Courts from hearing constitutional matters. It adds that the proposed changes would paralyse the judicial system and render the courts toothless.

It calls on the Supreme Court to safeguard its own jurisdiction and that of the High Courts. Other aspects of the amendment may be reviewed later, but the petition emphasises that judicial independence must not be compromised.

Read: Judiciary in spotlight as govt readies constitutional bill

The petition underscores that protecting judicial authority is a cornerstone of democratic governence worldwide, citing examples from international courts.

27th proposed amendment

The ruling Pakistan Muslim League-Nawaz (PML-N) has finalised an initial draft of the 27th Constitutional Amendment, with Prime Minister Shehbaz Sharif having consulted coalition partners on the proposal.

The initial draft is speculated to amend Articles 199 and 200. The rumoured amendments are

• The role of the president and prime minister in judicial appointments will be reduced, with more power vested in the Supreme Judicial Commission
• A nine-member federal constitutional court to replace the existing constitutional bench in the Supreme Court
• Retirement age for judges of both the Supreme Court and the federal constitutional court goes up by two years — from 68 to 70

The proposed creation of the Federal Consitutional Court is expected to serve as the country's apex court. The Supreme Court is likely to be converted into an appellate court through the 27th constitutional amendment.

A court official privy to the matter told The Express Tribune that following the expected 27th constitutional amendment, it has been proposed to relocate the Constitutional Court to the premises of the Federal Shariat Court.

Read more: 27th Amendment — What we know so far

Meanwhile, the third floor of the Islamabad High Court building is being vacated, and the court official added that the Federal Shariat Court will be shifted there. The process of moving furniture and equipment from the third floor of the IHC to another location is currently underway.

It is learnt that the government is considering allocating the premises of the Federal Shariat Court (FSC) to either the FCC or the existing Supreme Court.

Sources revealed to The Express Tribune that a senior federal minister visited the FSC premises on Wednesday night for inspection. Later, a delegation of FSC judges approached the Supreme Court on Thursday to express their concerns over the government's plan to relocate the Shariat Court.

Other reported amendments are

Article 243

• Amended Article 243 to rename the post of Chairman Joint Chiefs of Staff Committee to Strategic Command, and a new position added to the Constitution
• Reintroduce and regularise the post of Field Marshal

Also read: Cabinet delays meeting on 27th Amendment draft

Article 160

• The Centre gets a bigger chunk of the pie, with its share in National Finance Commission (NFC) Awards increasing by 10% — from 42.5% to 52.5

• In the event of a deadlock over the appointment of the Chief Election Commissioner, the matter will be referred to the Supreme Judicial Commission
• Provinces hand over autonomy over education and health sectors (18th Amendment) to the Centre

Following its approval in the federal cabinet meeting, the amendment bill is set to be presented in the Senate.