The Constitutional Court in Pakistan

 

Proposed Constitutional Court in Pakistan: Analysis of the 27th Amendment

By Advocate Muhammad Tariq Younas — TariqueLaw.com

27th Amendment to the Constitution of Pakistan – Summary

The proposed 27th Constitutional Amendment of Pakistan aimed to establish a Constitutional Court as a specialized judicial forum for interpreting the Constitution and resolving federal disputes. This reform aimed to separate constitutional matters from ordinary judicial functions and enhance the independence of the judiciary.

While the proposal was widely discussed in legal circles, it has not yet been enacted. The amendment represents an evolving dialogue on the balance of power among the judiciary, legislature, and executive.

The 27th Constitutional Amendment in Pakistan is a significant proposal aimed at reforming the judicial system. It introduces the idea of a Constitutional Court, separate from the existing Supreme Court, to interpret constitutional questions and protect fundamental rights. This reform is viewed as an attempt to ensure judicial independence and efficient separation of powers.

Background and Purpose of the 27th Amendment

Since the adoption of the 1973 Constitution, Pakistan’s judiciary has often faced political and institutional challenges. The proposed amendment seeks to:

• Create a specialized Constitutional Court.
• Limit the Supreme Court’s jurisdiction to non-constitutional matters.
• Reduce case backlogs and conflicting judgments.
• Strengthen constitutional interpretation through expert benches.

The Proposed Constitutional Court — Structure and Jurisdiction

Under the 27th Amendment:

• The Court would consist of senior judges appointed specifically for constitutional interpretation.
• It would decide issues related to fundamental rights, constitutional amendments, and state power distribution.
• Its decisions would be binding on all courts in Pakistan.

Many countries, such as Germany and South Korea, have similar courts dealing exclusively with constitutional matters. Pakistan’s proposed model seems inspired by these systems, balancing judicial efficiency and constitutional supremacy.

Benefits:

• Reduced judicial backlog
• Specialized constitutional jurisprudence
• Greater focus on fundamental rights

Criticism:

• Possible jurisdictional conflict with the Supreme Court
• Risk of political influence in judge selection
• Requires constitutional consensus among political parties

The 27th Amendment, if passed, could reshape Pakistan’s judicial landscape. While it promises efficiency and clarity in constitutional interpretation, its success ultimately depends on the political will and transparency of judicial appointments. The debate reflects Pakistan’s broader struggle between constitutionalism and political control.

👉 For a complete discussion, background, and detailed analysis, please visit the full article here:

Pakistan 27th Amendment – Constitutional Court Reform

This post provides a concise overview for readers. For a comprehensive legal analysis, please visit the main article linked above.