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Introduction and Background
T he Government of Pakistan is set to introduce the 27th Constitutional Amendment Bill 2024, proposing the creation of a Constitutional Court — a dedicated judicial body to interpret the Constitution and resolve constitutional disputes.The Constitutional Court will initially comprise seven judges, each serving until the age of sixty-eight (68). This change aims to restructure the judicial framework and distribute constitutional responsibilities more efficiently between the Supreme Court and the newly established body.
Legal experts consider the move a landmark reform in Pakistan’s constitutional evolution. If passed, the 27th Amendment to the Constitution of Pakistan 2024 would redefine the balance of judicial powers, enhance clarity in constitutional interpretation, and potentially reduce the Supreme Court’s workload in high-profile constitutional matters.
The proposed amendment is expected to be debated in both Houses of Parliament. Once it secures the two-thirds majority required under Article 239 of the Constitution, it will become part of Pakistan’s Constitutional Law framework, marking one of the most significant reforms in recent years.
Legal experts consider the move a landmark reform in Pakistan’s constitutional evolution. If passed, the 27th Amendment to the Constitution of Pakistan 2024 would redefine the balance of judicial powers, enhance clarity in constitutional interpretation, and potentially reduce the Supreme Court’s workload in high-profile constitutional matters.
The proposed amendment is expected to be debated in both Houses of Parliament. Once it secures the two-thirds majority required under Article 239 of the Constitution, it will become part of Pakistan’s Constitutional Law framework, marking one of the most significant reforms in recent years.
Key Features of the Proposed Constitutional Court
The 27th Constitutional Amendment of Pakistan, 2024, introduces several key provisions aimed at reforming the judicial structure and ensuring a clearer division of powers between the Supreme Court and the proposed Constitutional Court. Based on early reports and legal commentary, the following are the main features expected under this amendment.1. Establishment of the Constitutional Court
The amendment proposes the creation of a Constitutional Court of Pakistan, a specialized judicial forum responsible for interpreting the Constitution and adjudicating disputes arising under constitutional provisions.
Unlike the existing Supreme Court, which handles both civil and constitutional matters, this new court will exclusively hear constitutional cases, ensuring focused attention on constitutional interpretation and governance-related issues.
The amendment proposes the creation of a Constitutional Court of Pakistan, a specialized judicial forum responsible for interpreting the Constitution and adjudicating disputes arising under constitutional provisions.
Unlike the existing Supreme Court, which handles both civil and constitutional matters, this new court will exclusively hear constitutional cases, ensuring focused attention on constitutional interpretation and governance-related issues.
2. Composition of Seven Judges
Initially, the Constitutional Court will consist of seven (7) judges, all appointed from among senior justices of the superior judiciary. These judges will possess extensive experience in constitutional law, fundamental rights, and judicial review.
This limited number ensures efficiency and consistency in decision-making, similar to constitutional benches in countries like India and Germany.
3. Retirement Age Fixed at 68 Years
Under the proposed reform, the retirement age of the Constitutional Court judges will be 68 years, two years higher than the existing Supreme Court retirement age of 65.
The government’s objective is to retain experienced jurists for a longer period, enabling continuity in constitutional interpretation and reducing the frequency of judicial turnover.
Initially, the Constitutional Court will consist of seven (7) judges, all appointed from among senior justices of the superior judiciary. These judges will possess extensive experience in constitutional law, fundamental rights, and judicial review.
This limited number ensures efficiency and consistency in decision-making, similar to constitutional benches in countries like India and Germany.
3. Retirement Age Fixed at 68 Years
Under the proposed reform, the retirement age of the Constitutional Court judges will be 68 years, two years higher than the existing Supreme Court retirement age of 65.
The government’s objective is to retain experienced jurists for a longer period, enabling continuity in constitutional interpretation and reducing the frequency of judicial turnover.
4. Exclusive Jurisdiction over Constitutional Questions
The new court will hold exclusive jurisdiction over all cases involving the interpretation of the Constitution, disputes between the Federation and Provinces, and challenges to constitutional amendments or legislation.
This separation of jurisdiction seeks to reduce the Supreme Court’s case burden and prevent overlapping constitutional and appellate functions.
The new court will hold exclusive jurisdiction over all cases involving the interpretation of the Constitution, disputes between the Federation and Provinces, and challenges to constitutional amendments or legislation.
This separation of jurisdiction seeks to reduce the Supreme Court’s case burden and prevent overlapping constitutional and appellate functions.
5. Relationship with the Supreme Court of Pakistan
The proposed system suggests that the Supreme Court will continue as the final appellate court, while the Constitutional Court will act as the guardian of the Constitution.
Its decisions on constitutional interpretation will be binding across all courts of Pakistan, thereby creating a more structured and predictable constitutional order.
The proposed system suggests that the Supreme Court will continue as the final appellate court, while the Constitutional Court will act as the guardian of the Constitution.
Its decisions on constitutional interpretation will be binding across all courts of Pakistan, thereby creating a more structured and predictable constitutional order.
6. Objective of Judicial Efficiency and Reform
Officials describe the 27th Amendment as a major step toward judicial efficiency, transparency, and institutional clarity.
By assigning constitutional questions to a dedicated court, the reform intends to streamline justice delivery, minimize procedural delays, and promote consistency in constitutional rulings.
Officials describe the 27th Amendment as a major step toward judicial efficiency, transparency, and institutional clarity.
By assigning constitutional questions to a dedicated court, the reform intends to streamline justice delivery, minimize procedural delays, and promote consistency in constitutional rulings.
Legal Rationale and Constitutional Perspective
The 27th Constitutional Amendment Pakistan 2024 is not just an administrative proposal; it represents a constitutional rethinking of how Pakistan’s judiciary should interpret and enforce the supreme law of the land. Its core rationale lies in balancing judicial powers, improving constitutional clarity, and strengthening institutional harmony within the legal system.1. Constitutional Authority under Article 175
Under Article 175 of the Constitution of Pakistan, the judicial power of the state is vested in the courts, with the Supreme Court and High Courts forming the superior judiciary. The proposed Constitutional Court would be an additional superior forum, established through a constitutional amendment — meaning it would hold the same constitutional status as existing superior courts.
If enacted, the amendment would expand Chapter 2 of Part VII of the Constitution, inserting new provisions to define the composition, jurisdiction, and functions of the Constitutional Court. This structural inclusion ensures its constitutional legitimacy and removes any ambiguity about its judicial authority.
Under Article 175 of the Constitution of Pakistan, the judicial power of the state is vested in the courts, with the Supreme Court and High Courts forming the superior judiciary. The proposed Constitutional Court would be an additional superior forum, established through a constitutional amendment — meaning it would hold the same constitutional status as existing superior courts.
If enacted, the amendment would expand Chapter 2 of Part VII of the Constitution, inserting new provisions to define the composition, jurisdiction, and functions of the Constitutional Court. This structural inclusion ensures its constitutional legitimacy and removes any ambiguity about its judicial authority.
2. Reforming the Use of Suo Motu Powers
The debate around suo motu powers under Article 184(3) has long raised questions of accountability and judicial overreach.
The Constitutional Court could serve as a filter or reviewing authority to ensure that suo motu cases are handled within defined constitutional parameters.
This would strengthen due process, transparency, and checks and balances among state institutions — principles fundamental to modern constitutional democracies.
The debate around suo motu powers under Article 184(3) has long raised questions of accountability and judicial overreach.
The Constitutional Court could serve as a filter or reviewing authority to ensure that suo motu cases are handled within defined constitutional parameters.
This would strengthen due process, transparency, and checks and balances among state institutions — principles fundamental to modern constitutional democracies.
3. Division of Jurisdiction and Institutional Balance
Currently, the Supreme Court handles both constitutional interpretation and final appeals, leading to heavy caseloads and occasional overlaps.
By creating a separate Constitutional Court, the amendment seeks to restore institutional balance — allowing the Supreme Court to focus on appellate work while the Constitutional Court specializes in constitutional disputes.
This division mirrors the structure seen in Germany, Italy, and South Africa, where constitutional and supreme jurisdictions are distinct yet complementary.
Currently, the Supreme Court handles both constitutional interpretation and final appeals, leading to heavy caseloads and occasional overlaps.
By creating a separate Constitutional Court, the amendment seeks to restore institutional balance — allowing the Supreme Court to focus on appellate work while the Constitutional Court specializes in constitutional disputes.
This division mirrors the structure seen in Germany, Italy, and South Africa, where constitutional and supreme jurisdictions are distinct yet complementary.
4. Legal Justification and the Principle of Judicial Specialization
The proposed reform aligns with the principle of judicial specialization, a concept widely recognized in comparative constitutional law.
By entrusting constitutional matters to a specialized court, the system ensures that judges with deep constitutional expertise decide on issues involving federalism, fundamental rights, and constitutional amendments.
Such specialization enhances the quality of constitutional adjudication and strengthens the rule of law.
The proposed reform aligns with the principle of judicial specialization, a concept widely recognized in comparative constitutional law.
By entrusting constitutional matters to a specialized court, the system ensures that judges with deep constitutional expertise decide on issues involving federalism, fundamental rights, and constitutional amendments.
Such specialization enhances the quality of constitutional adjudication and strengthens the rule of law.
5. Compatibility with the Basic Structure Doctrine
Although Pakistan’s judiciary does not formally recognize a “basic structure doctrine” like India’s, the Supreme Court has consistently held that constitutional amendments must preserve the independence of the judiciary and federal balance.
Therefore, the establishment of a Constitutional Court will likely be examined through this lens. If it enhances, rather than weakens, judicial independence, it would align with constitutional principles and public expectations.
In essence, the 27th Amendment Pakistan 2024 is a constitutional effort to introduce clarity, accountability, and specialization in judicial functioning — while maintaining the overall supremacy of the Constitution and the independence of the judiciary.
Section 4: Comparative Insights and International Examples
To understand the rationale behind the proposed 27th Constitutional Amendment and the creation of a Constitutional Court in Pakistan, it is essential to analyze comparative international models. Many democratic states with written constitutions have adopted distinct constitutional courts to interpret and safeguard their supreme law. This comparative approach highlights how judicial specialization contributes to constitutional stability, institutional harmony, and public confidence in justice systems.
Although Pakistan’s judiciary does not formally recognize a “basic structure doctrine” like India’s, the Supreme Court has consistently held that constitutional amendments must preserve the independence of the judiciary and federal balance.
Therefore, the establishment of a Constitutional Court will likely be examined through this lens. If it enhances, rather than weakens, judicial independence, it would align with constitutional principles and public expectations.
In essence, the 27th Amendment Pakistan 2024 is a constitutional effort to introduce clarity, accountability, and specialization in judicial functioning — while maintaining the overall supremacy of the Constitution and the independence of the judiciary.
Section 4: Comparative Insights and International Examples
To understand the rationale behind the proposed 27th Constitutional Amendment and the creation of a Constitutional Court in Pakistan, it is essential to analyze comparative international models. Many democratic states with written constitutions have adopted distinct constitutional courts to interpret and safeguard their supreme law. This comparative approach highlights how judicial specialization contributes to constitutional stability, institutional harmony, and public confidence in justice systems.
1. Germany — The Model of Constitutional Review
The Federal Constitutional Court of Germany (Bundesverfassungsgericht) is often regarded as the most influential constitutional court in the world.
It was established after World War II to protect constitutional supremacy and fundamental rights.
Germany’s Supreme Court handles civil, criminal, and administrative appeals, while the Constitutional Court focuses exclusively on constitutional questions, ensuring that no law or executive action violates the Basic Law.
This model demonstrates how judicial bifurcation creates efficiency and stability.
Pakistan’s proposal to create a Constitutional Court of seven judges mirrors this principle, aiming to reduce caseloads and enhance the precision of constitutional adjudication.
The Federal Constitutional Court of Germany (Bundesverfassungsgericht) is often regarded as the most influential constitutional court in the world.
It was established after World War II to protect constitutional supremacy and fundamental rights.
Germany’s Supreme Court handles civil, criminal, and administrative appeals, while the Constitutional Court focuses exclusively on constitutional questions, ensuring that no law or executive action violates the Basic Law.
This model demonstrates how judicial bifurcation creates efficiency and stability.
Pakistan’s proposal to create a Constitutional Court of seven judges mirrors this principle, aiming to reduce caseloads and enhance the precision of constitutional adjudication.
2. South Africa — Constitutional Transformation After 1994
The Constitutional Court of South Africa, created in 1994, is another successful model of judicial innovation.
It serves as the final authority on constitutional interpretation, while the Supreme Court of Appeal handles general legal appeals.
This distinction enhances judicial efficiency and emphasizes the supremacy of constitutional rights.
Pakistan’s proposed court, if established, could play a similar role in protecting fundamental rights under Chapter I of Part II of the Constitution and in ensuring that legislation conforms to constitutional principles.
The Constitutional Court of South Africa, created in 1994, is another successful model of judicial innovation.
It serves as the final authority on constitutional interpretation, while the Supreme Court of Appeal handles general legal appeals.
This distinction enhances judicial efficiency and emphasizes the supremacy of constitutional rights.
Pakistan’s proposed court, if established, could play a similar role in protecting fundamental rights under Chapter I of Part II of the Constitution and in ensuring that legislation conforms to constitutional principles.
3. Egypt and Turkey — Balancing Judiciary and Executive Powers
In both Egypt and Turkey, constitutional courts were established to check the executive’s legislative influence and to prevent unconstitutional amendments.
These courts have become guardians of democratic continuity, ensuring that any constitutional amendment or executive decree remains within the framework of the constitution.
Similarly, Pakistan’s proposed Constitutional Court could serve as a guardian of constitutional supremacy, preventing political polarization from undermining the judiciary’s role.
In both Egypt and Turkey, constitutional courts were established to check the executive’s legislative influence and to prevent unconstitutional amendments.
These courts have become guardians of democratic continuity, ensuring that any constitutional amendment or executive decree remains within the framework of the constitution.
Similarly, Pakistan’s proposed Constitutional Court could serve as a guardian of constitutional supremacy, preventing political polarization from undermining the judiciary’s role.
4. The United States — Judicial Review within a Unified Supreme Court
The U.S. Supreme Court performs both constitutional and appellate functions, but its strength lies in judicial review — a power established since Marbury v. Madison (1803).
Though it does not have a separate constitutional court, the U.S. model influenced the world by institutionalizing the idea that no law can override the Constitution.
Pakistan’s proposed amendment, therefore, is not about copying any one model; it is about adapting global principles of constitutionalism to Pakistan’s judicial realities — creating a balance between unity and specialization.
The U.S. Supreme Court performs both constitutional and appellate functions, but its strength lies in judicial review — a power established since Marbury v. Madison (1803).
Though it does not have a separate constitutional court, the U.S. model influenced the world by institutionalizing the idea that no law can override the Constitution.
Pakistan’s proposed amendment, therefore, is not about copying any one model; it is about adapting global principles of constitutionalism to Pakistan’s judicial realities — creating a balance between unity and specialization.
5. Global Trend Toward Constitutional Specialization
Across the modern world, states are moving toward judicial specialization in constitutional matters.
Whether through a dedicated constitutional court (like Germany and South Africa) or a specialized bench (like in the U.S.), the objective remains the same:
If approved, it will reshape Pakistan’s judicial hierarchy, case management system, and constitutional interpretation framework.
This section examines the potential institutional, legal, and societal impacts that may follow once the amendment becomes law.
Across the modern world, states are moving toward judicial specialization in constitutional matters.
Whether through a dedicated constitutional court (like Germany and South Africa) or a specialized bench (like in the U.S.), the objective remains the same:
- To strengthen constitutional governance, enhance access to justice, and preserve judicial independence.
Potential Impacts and Legal Implications
The proposed 27th Constitutional Amendment 2024, aimed at establishing a Constitutional Court of Pakistan, is a transformative legal development.If approved, it will reshape Pakistan’s judicial hierarchy, case management system, and constitutional interpretation framework.
This section examines the potential institutional, legal, and societal impacts that may follow once the amendment becomes law.
1. Impact on Judicial Structure and Efficiency
Currently, the Supreme Court of Pakistan functions as the apex court for both constitutional and appellate matters.
This dual responsibility often leads to a heavy case backlog, delaying justice and burdening constitutional benches.
A separate Constitutional Court, comprising seven judges (retiring at age 68), would allow the Supreme Court to focus on civil and criminal appeals, while the new court would exclusively address constitutional interpretation, inter-governmental disputes, and fundamental rights petitions under Article 184(3).
Currently, the Supreme Court of Pakistan functions as the apex court for both constitutional and appellate matters.
This dual responsibility often leads to a heavy case backlog, delaying justice and burdening constitutional benches.
A separate Constitutional Court, comprising seven judges (retiring at age 68), would allow the Supreme Court to focus on civil and criminal appeals, while the new court would exclusively address constitutional interpretation, inter-governmental disputes, and fundamental rights petitions under Article 184(3).
2. Strengthening Constitutional Supremacy
The new court is designed to safeguard the Constitution as the supreme law, ensuring that no law or executive action violates its provisions.
By dedicating a specialized bench to constitutional questions, Pakistan would reinforce the principle of separation of powers and judicial independence, core values of constitutional democracy.
The new court is designed to safeguard the Constitution as the supreme law, ensuring that no law or executive action violates its provisions.
By dedicating a specialized bench to constitutional questions, Pakistan would reinforce the principle of separation of powers and judicial independence, core values of constitutional democracy.
3. Reducing Political Polarization in the Judiciary
In recent years, Pakistan’s judiciary has faced political divisions and public criticism over the composition of benches in sensitive constitutional cases.
The creation of a Constitutional Court through the 27th Amendment may reduce such polarization by providing a neutral and permanent constitutional forum — appointed and regulated through transparent procedures.
In recent years, Pakistan’s judiciary has faced political divisions and public criticism over the composition of benches in sensitive constitutional cases.
The creation of a Constitutional Court through the 27th Amendment may reduce such polarization by providing a neutral and permanent constitutional forum — appointed and regulated through transparent procedures.
4. Effect on Fundamental Rights Litigation
A focused Constitutional Court will likely accelerate fundamental rights petitions, such as those relating to freedom of expression, elections, human rights, and constitutional amendments.
It will ensure that citizens’ rights are adjudicated more efficiently, and that public interest litigation (PIL) receives timely and reasoned judgments.
A focused Constitutional Court will likely accelerate fundamental rights petitions, such as those relating to freedom of expression, elections, human rights, and constitutional amendments.
It will ensure that citizens’ rights are adjudicated more efficiently, and that public interest litigation (PIL) receives timely and reasoned judgments.
5. Relationship with Parliament and Executive
The amendment may redefine how constitutional interpretation affects legislative and executive authority.
While Parliament will retain its power to legislate, the new court will have the authority to review laws and executive actions for constitutional conformity.
This will promote checks and balances, strengthening democratic governance and accountability.
The amendment may redefine how constitutional interpretation affects legislative and executive authority.
While Parliament will retain its power to legislate, the new court will have the authority to review laws and executive actions for constitutional conformity.
This will promote checks and balances, strengthening democratic governance and accountability.
6. Legal Challenges and Transitional Issues
Implementing a new constitutional court may pose transitional challenges:
Implementing a new constitutional court may pose transitional challenges:
- How to transfer pending constitutional cases from the Supreme Court.
- Determining the appointment and tenure of judges under Article 175A.
- Adjusting the jurisdiction of existing courts to avoid overlapping powers.
7. Broader Societal and International Implications
Globally, this step will reflect Pakistan’s commitment to constitutionalism, the rule of law, and judicial modernization.
Domestically, it will increase citizens’ trust in justice, reduce judicial delays, and help ensure that constitutional disputes are decided promptly and impartially.
In the long run, it can also enhance Pakistan’s image in the international legal community, showcasing the country’s efforts to strengthen judicial independence and constitutional stability.
By establishing a Constitutional Court of Pakistan, the state seeks to ensure that justice remains swift, specialized, and constitutionally sound.
Its success, however, will depend on transparent implementation, political consensus, and judicial integrity.
Globally, this step will reflect Pakistan’s commitment to constitutionalism, the rule of law, and judicial modernization.
Domestically, it will increase citizens’ trust in justice, reduce judicial delays, and help ensure that constitutional disputes are decided promptly and impartially.
In the long run, it can also enhance Pakistan’s image in the international legal community, showcasing the country’s efforts to strengthen judicial independence and constitutional stability.
Conclusion
The 27th Constitutional Amendment represents more than just a procedural reform — it is a vision for constitutional modernization.By establishing a Constitutional Court of Pakistan, the state seeks to ensure that justice remains swift, specialized, and constitutionally sound.
Its success, however, will depend on transparent implementation, political consensus, and judicial integrity.
For more updates on Pakistan’s legal reforms and constitutional developments, visit tariquelaw.com
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