Constitution (Twenty-seventh Amendment) Act, 2025

The constitution (Twenty-seventh Amendment) Act, 2025 constitutes a recent development within Pakistan’s evolving constitutional framework. Since it is an amendment to the constitution of Pakistan, it operates within the established mechanism of constitutional alteration provided under article 239 of the Constitution. An amendment generally addresses institutional ambiguities, governance challenges and structural adjustments within the state. Thus, the Twenty-seventh Amendment must be understood as part of a broader constitutional trajectory in which Parliament exercises its power to recalibrate institutional relationships. This commentary examines the background preceding the amendment and reconciles it with the constitutional order that existed prior to its enactment.

Background and previous position

Previously, the Chief of Army Staff (COAS) operated under constitutional civilian control, with a 5 year tenure and no constitutional lifetime immunity for military leadership. Immunity for Presidents under article 248 was limited to duration of office – including criminal proceedings. A prime minister could be removed by a simple majority vote in the Parliament and no supermajority vote was required for the removal of limited leadership. This prioritized civilian political accountability over military command security.  In addition, the Supreme Court of Pakistan served as the apex judicial authority with constitutional benches operating within its own structure instead of a parallel federal constitutional court system.

Key provisions of the 27th Amendment

The Constitution (Twenty-seventh Amendment) Act, 2025 introduced specific textual modifications to the constitution of Pakistan, altering the constitutional framework in relation to the conduct of judiciary, the structure of civil-military relationship and the establishment of a federal constitutional court.

The amendment established a new Federal Constitutional Court, with equal provincial representation to adjudicate constitutional interpretation and rights questions. Its permanent seat is in Islamabad and its Chief Justice is appointed by the president on the advice of the Prime Minister. This curtailed the jurisdiction of the Supreme Court in constitutional matters and established a parallel constitutional adjudicatory structure. Judicial transfers were made compulsory, with retirement a consequence for refusal. In addition, a new hierarchy was defined between the Chief Justice of Pakistan and the Chief Justice of the Supreme Court as well as the Chief Justice of the Federal Constitutional Court; the senior most among the two latter offices now holds the title of the Chief Justice of Pakistan.

Article 243 and related clauses were amended to merge the post of the Chairman Joint Chiefs of Staff Committee into the Chief of Defence forces, a role which is currently held by the Chief of Army staff –  now overseeing all armed branches. The amendment recognized five star ranks with having lifetime titles and perpetual privileges – namely the role of Field Marshal, Marshal of the Air Force and Admiral of the Fleet. The removal of the Chief of Defence forces is contingent upon a two-thirds parliamentary majority, increasing the institutional security of military leadership exceeding that of an elected Prime minister.

Article 248 was further revised to grant lifetime criminal immunity to the president and limited-term immunity to provincial governors. Previously, the protection ended when the tenure expired.

Impact on institutes and citizens

The Constitution (Twenty-seventh Amendment) Act. 2025 produces significant structural consequences for state institutions by recalibrating the distribution of constitutional authority. The creation of the CDF centralises strategic military command and secures the office through a heightened parliamentary removal threshold. This alters the existing balance between civilian political leadership and military command, providing enhanced constitutional stability to defence leadership. Simultaneously, the establishment of the FCC redistributes constitutional adjudicatory authority previously exercised by the Supreme Court, thereby restructuring judicial architecture and introducing a parallel constitutional forum. Similarly, the extension of presidential immunity beyond tenure further modifies executive accountability mechanisms, reducing post-office judicial proceedings and lowering accountability. These changes shape institutional relationships among the parliament, executive, the judiciary and the military within the broader framework of the Constitution of Pakistan.

For citizens, the restructuring of judicial jurisdiction affects procedural access to constitutional remedies, since litigants will now engage with a reconfigured adjudicatory system. The extension of lifetime immunity to certain office holders modifies the accountability landscape and governance stability as well as electoral oversight in practice, with potential effects on representative structures. While the amendment does not directly affect constitutional rights, it recalibrates the institutional mechanisms through which constitutional protections are interpreted and enforced, affecting the broader relationship between the state and its citizens.