Pakistan weighs sweeping constitutional amendment to reset power balance

Pakistan is moving toward a major constitutional overhaul that could reshape the country’s political structure, judicial system and revenue-sharing formula.

Kamran Khan, during an episode of “On My Radar”, said key decision-making centers in the government and state institutions have concluded that the current governance structure requires fundamental reforms. He said changes to the 18th Amendment — a 2010 law that devolved significant authority and resources to provinces — are seen as necessary to stabilize the federation.

He said the proposed 27th Constitutional Amendment “will happen, and will eventually be approved.” With the exception of the Pakistan Peoples Party (PPP), coalition partners appear ready to support major changes, according to Khan. The PPP has opposed altering the 18th Constitutional Amendment and is still consulting internally.

Khan said the Muttahida Qaumi Movement-Pakistan (MQM-P) proposals are being considered as well. But he argued that recent political dynamics suggest the reform is likely to advance, citing the fall of Imran Khan’s government and opposition parties’ closer alignment with the establishment.

He noted that political negotiations are often more about messaging than outcomes. Despite expected disagreements, he predicted the amendment would pass with “minor adjustments,” similar to how the 26th Amendment was approved in October 2024 without public notice until after the vote.

Khan cited what he called “justifiable reasons” for reform, saying political and economic experts agree Pakistan urgently needs changes in the distribution of authority and financial resources.

There is no official draft yet in the public domain. But Khan said the proposals include major judicial restructuring, including ending the Supreme Court’s constitutional bench and creating a new, separate nine-member Constitutional Court. The goal, he said, is to allow the Supreme Court to focus on its appellate role.

The recommended retirement age for Supreme Court and Constitutional Court judges would increase from 65 to either 68 or 70, according to Khan. He said the timing is notable because the head of the constitutional bench, Justice Aminuddin Khan, is due to retire at the end of November, but could remain if reforms pass.

He added that regular transfers of high court judges would be made more structured and transparent to strengthen judicial independence.

The most consequential proposal involves Article 160, which governs the National Finance Commission (NFC) Award. Khan said the federal government wants to increase its share of national revenue by reducing the provinces’ current 57.5 percent pool by 10 percentage points.

Khan argued the current arrangement leaves Islamabad “in debt from day one” of each fiscal year and forces immediate borrowing. He said the objective is economic stability, not reversing provincial autonomy. But the PPP strongly opposes changing the revenue-sharing formula.

As an alternative, Khan said the government may assign provinces greater financial responsibility for debt servicing, defense spending, disaster relief and the Benazir Income Support Program even if the revenue formula stays unchanged.

He also said the amendment would revisit Article 243 on the appointment of service chiefs — a long-sought demand of governing parties but opposed by Pakistan Tehreek-e-Insaf (PTI). A proposal to grant constitutional protections to the rank of field marshal is also under consideration.

Khan said the appointment process for the chief election commissioner could be reformed to include clearer timelines and a fallback judicial mechanism to avoid political deadlocks.

Other proposed changes include restoring executive magistracy to reduce the burden on courts, putting federal oversight of education to support a single national curriculum and shifting population welfare to the central government.

Government sources, quoted by Khan, say the amendment aims to promote cooperation among state institutions, prevent power clashes and build a more durable system.