The 27th Amendment

The Constitution of the Islamic Republic of Pakistan, 1973, was created after a lengthy debate in the National Assembly. Like most written constitutions, it includes a method for making amendments so that this living document can adapt to the country's changing needs with changing times. This amendment process is given in Part XI of the Constitution, which contains only two Articles — 238 and 239. The word “amend” means to improve or refine the Constitution without damaging its basic principles or original spirit. The framers understood that a Constitution must stay alive — able to change when needed, while protecting its core values.

Since 1973, the Constitution of Pakistan has been amended twenty-seven times. Most amendments were made either by military rulers or by civilian governments acting in an authoritarian manner. Some amendments drastically changed the balance of power, giving more authority to the President and reducing the role of the Parliament. These changes, nonetheless, weakened democracy.

After General Musharraf's military regime, during which the National Accountability Bureau (NAB) was used against the two major political parties, PML-N and PPP, PPP came into power after Benazir Bhutto's assassination. Musharraf had already changed the Constitution through the Legal Framework Order (LFO) and the 17th Constitutional Amendment.

When the PPP formed the government, it roped in PML-N and other political parties to make major changes to the Constitution – the 18th Amendment. The passage of this amendment was a historic moment; in fact, there have been only two truly democratic moments in the history of the 1973 Constitution. The first was in 1973, when the Constitution itself was made. The second was in 2010, when the 18th Amendment was passed. Interestingly, both of these moments came after national tragedies: in 1971, after the loss of East Pakistan, and in 2007, after the assassination of Benazir Bhutto, the first female Prime Minister in the Muslim world. Other than these events, Pakistan has rarely seen major democratic amendments, even under civilian governments, let alone military dictatorships.

The 18th Amendment, which was passed in 2010, changed more than 100 Articles of the Constitution. The PPP proudly declared that it had removed the “dictatorial parts” added by military regimes. One major issue solved by the 18th Amendment was the appointment of the Chief Justice of Pakistan. Since independence, this matter has caused conflict between the Executive and Judiciary, leading to many constitutional and political crises. The famous “Judges Case” (Al-Jehad Trust Case, 1996) had established the principle of seniority, but the issue continued. Through the 18th Amendment, the PPP, PML-N and other parties agreed that the senior-most Supreme Court judge would automatically become the Chief Justice. The President would appoint the Chief Justice on Prime Minister's advice — a ceremonial formality. This system worked smoothly until the 26th Amendment in 2024.

However, some Chief Justices misused their suo motu powers granted to the CJP office under Article 184(3), often crossing the line between different branches of the State. This gave rise to a national debate on Judicial Activism versus Judicial Restraint. Bar councils, associations and legal experts suggested reforms. In 2023, the Parliament passed the Supreme Court (Practice and Procedure) Act, which created a committee of the three senior-most judges to regulate suo motu powers. This was seen as a positive step.

The 18th Amendment also reversed the 17th Amendment made by General Musharraf. It restored parliamentary authority by removing the President's power to dissolve the National Assembly at will. This power had originally been added by General Zia in the 8th Amendment, and because of it, several elected governments — those of Junejo, Benazir Bhutto and Nawaz Sharif — were dismissed. The 18th Amendment restored the original 1973 position and strengthened parliamentary democracy. It also improved financial autonomy for the provinces through reforms in the National Finance Commission (NFC) Award.

Nevertheless, political instability in Pakistan continued. Prime Minister Nawaz Sharif was removed through a controversial Supreme Court judgment under Chief Justice Saqib Nisar, which paved the way for Imran Khan's government after the 2018 general elections. With only a simple majority, his government could not bring constitutional changes. After granting an extension to General Bajwa, civil-military relations broke down, and Imran Khan became the first Prime Minister in Pakistan's history to be removed by a successful vote of no confidence.

After the disputed February 8, 2024, election, a coalition government of PML-N, PPP and several smaller parties was formed. Ironically, the same parties that once proudly passed the democratic 18th Amendment now chose to undo it by introducing the 26th Amendment. This amendment created a separate Constitutional Bench in the Supreme Court and changed the long-established seniority principle for appointing the Chief Justice. Instead of the senior-most judge automatically becoming the Chief Justice, the Chief Justice would now be chosen from a panel of the three senior-most judges. This change was widely seen as person-specific, meant to block the senior-most judge, Justice Syed Mansoor Ali Shah – an enlightened, competent and independent Judge of the Supreme Court – from becoming the Chief Justice.

Meanwhile, the newly created Constitutional Bench, led by Justice Aminuddin, delivered several decisions that benefited the government, including the controversial judgment on reserved seats, which took seats from PTI and gave them to government allies, beyond their constitutional share. Other decisions included allowing civilian trials in military courts and interfering with the seniority of High Court judges.

With their strengthened position in Parliament, the coalition government passed the 27th Amendment in 2025 — an unprecedented act in Pakistan's history. Even military dictators like Ayub, Yahya, Zia and Musharraf had not attempted such sweeping changes. Through the 27th Amendment, the government completed what it had started in the 26th Amendment.

A new Federal Constitutional Court (FCC) has now been created, which alone has the power to interpret the Constitution. Its decisions are binding on all other courts, including the Supreme Court. However, decisions of the Supreme Court are not binding on the FCC. This gives the FCC clear supremacy over the Supreme Court. Other major changes include granting lifetime immunity to the Field Marshal/Chief Commander of the Armed Forces and to the President of Pakistan, protecting them from any criminal cases forever — a complete surrender of civilian authority to the military establishment.

The 27th Amendment appears to completely abandon and destroy constitutional democracy in Pakistan. In protest, two senior Supreme Court judges and senior lawyer Makhdoom Ali Khan resigned from the Law and Justice Commission of Pakistan. We, the People of Pakistan, who had adopted, given and enacted this Constitution, are left with no option but to have a peaceful protest.

Muhammad Imran is from LUMS Law School SAHSOL.

Maria Batool is an alumnus of SAHSOL-LUMS.