What is Pakistan planning in the 27th Constitutional Amendment?

The federal government in Pakistan is considering sweeping changes under the upcoming 27th Constitutional Amendment, with discussions underway to establish a Federal Constitutional Court (FCC) that would function independently from the Supreme Court of Pakistan to exclusively handle constitutional matters.

Alongside this, proposals are also being floated to extend the tenure of the head of the constitutional bench at the Supreme Court.

According to sources familiar with the matter, there are three possibilities under active consideration: fixing the tenure of the constitutional bench head to three years -- similar to the arrangement made for Chief Justice Yahya Afridi -- increasing the retirement age for the constitutional bench head to between 68 and 70 years, or formally creating a separate FCC.

Justice Amin Ud Din Khan, the current head of the constitutional bench (CB), is due to retire later this year upon reaching the mandatory retirement age of 65 for Supreme Court judges.

'FCC aimed at reducing SC backlog'

Speaking to Nukta on condition of anonymity, a senior government official said the establishment of a Federal Constitutional Court is a pressing need for Pakistan.

“The Supreme Court has, over the last few years, become overly entangled in political litigation, which has caused a massive backlog of citizen-related cases,” the official said. “A new FCC will help reduce this pendency and ensure timely justice for ordinary Pakistanis.”

The official also hinted that the 27th amendment may include other measures aimed at strengthening the government for the long term. “We are on the right path, moving past the politics of hate and instability,” the official added.

President of the Supreme Court Bar Association, Mian Rauf Atta, has also voiced support for the formation of a Federal Constitutional Court through the 27th amendment. He argued that such a move would help resolve inter-provincial disputes and suggested that High Courts be designated as appellate forums to reduce the caseload at the Supreme Court.

Critics flag power, bias concerns

Senior journalist Matiullah Jan, however, expressed concern over the government's intentions. He told Nukta that the proposed 27th amendment could be used to tighten the government’s control over both the judiciary and the media. “There’s even talk of extending the tenure of parliament. At this point, anything is possible,” he said. He noted that the fate of the 26th amendment is still unclear, with the Supreme Court yet to take up petitions challenging it.

“The judiciary has effectively become part of the ruling elite,” he added. Commenting on the possible extension of the CB head’s tenure, Jan remarked, “There are no guiding principles for such people - if offered lifetime appointments, they’d accept them too.”

Another senior journalist, Abdul Qayum Siddiqi, told Nukta that if the government increases the retirement age specifically for constitutional bench judges, it may appear as a person-specific amendment to benefit Justice Amin Ud Din Khan.

“I personally don’t think that will happen,” he said. However, he acknowledged the possibility of an FCC being constituted, adding that previous discussions around such a court proposed a retirement age of 67 or 68. “The government attempted to create the FCC earlier, but PTI and JUI-F backed out, which led to the creation of the CB instead,” he noted.

“I don't think an amendment will be made just to extend the tenure of one individual, but the FCC may well be in the works, and some judges could be transferred there.”

Senior court reporter Hasnaat Malik echoed the sentiment that anything is possible following the Supreme Court’s controversial ruling on reserved seats. He said that the retirement age for CB judges is likely to be increased in the 27th amendment and could go up to 68 or even 70. “Justice Amin Ud Din Khan is definitely not going anywhere,” Malik added.

Legal experts believe that any amendment increasing the retirement age is unlikely to apply across the board to all Supreme Court judges, as that would also extend the tenure of Justice Athar Minallah, who is currently sixth in the seniority list and due to retire in December 2026. They also pointed out that both Justice Minallah and Justice Mansoor Ali Shah -- who was in line to become Chief Justice after the retirement of former CJP Qazi Faez Isa -- have been deliberately excluded from the constitutional benches.