08/02/2026
ACT NO. ###II OF 2025
CONSTITUTION (TWENTY-SEVENTH AMENDMENT) ACT, 2025
An Act further to amend the Constitution of the Islamic Republic of Pakistan
[Gazette of Pakistan, Extraordinary, Part-I, 13th November, 2025]
No. F.9(40)/2025-Legis.--The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 13th November, 2025 and is hereby published for general information:-
WHEREAS, it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;
It is hereby enacted as follows:--
1. Short title and commencement.--(1) This Act shall be called the Constitution (Twenty-seventh Amendment) Act, 2025.
(2) This Act shall come into force at once.
2. Amendment of Article 6 of the Constitution.--In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as “the Constitution”, in Article 6, in clause (2A), after the word “the”, the words and comma “Federal Constitutional Court,” shall be inserted.
3. Amendment of Article 10 of the Constitution.--In the Constitution, in Article 10, in clause (4), in Explanation I, after the word “of”, occurring for the second time, the words “Supreme Court of” shall be inserted.
4. Amendment of Article 17 of the Constitution.--In the Constitution, in Article 17, in clause (2), for the words “Supreme Court”, the words “Federal Constitutional Court of Pakistan” shall be substituted.
5. Amendment of Article 59 of the Constitution.--In the Constitution, in Article 59, after clause (3), the following new explanation shall be added, namely:-
“Explanation.--The term of a member, notwithstanding the date of his election, shall expire on the eleventh day of March of the year of the completion of term for which he is elected.”.
6. Amendment of Article 63A of the Constitution.--In the Constitution, in Article 63A, in clause (5), for the word “Supreme”, the words “Federal Constitutional” shall be substituted.
7. Amendment of Article 68 of the Constitution.--In the Constitution, in Article 68, after the word “of”, occurring for the second time, the words and comma “the Federal Constitutional Court,” shall be inserted.
8. Amendment of Article 78 of the Constitution.--In the Constitution, in Article 78, in clause (2), in paragraph (b), after the word “with”, the words and comma “the Federal Constitutional Court,” shall be inserted.
9. Amendment of Article 81 of the Constitution.--In the Constitution, in Article 81,--
(a) in paragraph (a), in sub-paragraph (i), after the word “of”, the words and comma “the Federal Constitutional Court,” shall be inserted; and
(b) in paragraph (b), after the word “of”, occurring for the first time, the words and comma “the Federal Constitutional Court,” shall be inserted.
10. Amendment of Article 93 of the Constitution.--In the Constitution, in Article 93, in clause (1), for the word “five”, the word “seven” shall be substituted.
11. Amendment of Article 100 of the Constitution.--In the Constitution, in Article 100, in clause (1), for the word “Supreme” the words “Federal Constitutional” shall be substituted.
12. Amendment of Article 105 of the Constitution.--In the Constitution, in Article 105, in clause (3), in paragraph (b), after the word “Cabinet”, the expression “in accordance with the provisions of Article 224 or, as the case may be, Article 224A” shall be inserted.
13. Amendment of Article 114 of the Constitution.--In the Constitution, in Article 114, after the word “of”, occurring for the second time, the words and comma “the Federal Constitutional Court,” shall be inserted.
14. Amendment of Article 130 of the Constitution.--In the Constitution, in Article 130,--
(a) in clause (6), for the word “fifteen”, the word “seventeen”, for the word “eleven”, the word “thirteen” and for the colon at the end, a full stop shall respectively be substituted and thereafter the proviso shall be omitted; and
(b) in clause (11), for the word “five”, the word “seven” shall be substituted.
15. Amendment of Article 146 of the Constitution.--In the Constitution, in Article 146, in clause (3), for the word “Pakistan”, the words “Federal Constitutional Court” shall be substituted.
16. Amendment of Article 152 of the Constitution.--In the Constitution, in Article 152, for the word “Pakistan”, the words “Federal Constitutional Court” shall be substituted.
17. Amendment of Article 159 of the Constitution.--In the Constitution, in Article 159, in clause (4), for the word “Pakistan”, the words “Federal Constitutional Court” shall be substituted.
18. Amendment of Article 165A of the Constitution.--In the Constitution, in Article 165A,--
(a) in clause (2), after the word “including”, occurring for the second time, the words and comma “the Federal Constitutional Court,” shall be inserted; and
(b) in clause (3), after the word “including”, the words and comma “the Federal Constitutional Court,” shall be inserted.
19. Amendment of Article 175 of the Constitution.--In the Constitution, in Article 175, in clause (1), after the word “be”, occurring for the first time, the words and comma “a Federal Constitutional Court of Pakistan, hereinafter referred to as the Federal Constitutional Court” and after the word “Pakistan”, the words “hereinafter referred to as the Supreme Court” shall respectively be inserted.
20. Amendment of Article 175A of the Constitution.--In the Constitution, in Article 175A,--
(a) In the marginal note, after the word “to”, the words and comma “the Federal Constitutional Court,” shall be inserted;
(b) in clause (1), after the word “of”, occurring for the third time, the words and comma “the Federal Constitutional Court,” shall be inserted;
(c) in clause (2),--
(i) after the word “of”, occurring for the second time, the words and comma “the Federal Constitutional Court and” shall be inserted;
(ii) for paragraphs, (i), (ii) and (iii), the following shall be substituted, namely:--
(i) Chief Justice of the Federal Constitutional Court;
(ii) Chief Justice of the Supreme Court;
(iii) one next most senior Judge each of the Federal Constitutional Court and the Supreme Court; Members
(iiia) a Judge of the Federal Constitutional Court or the Supreme Court jointly and nominated by the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court, for a period of two years;”; Member;”
(iii) for clause (viii), the following shall be substituted, namely:--
“(viii) a woman or non Muslim or a technocrat, other than a member of Majlis-e-Shoora (Parliament), who is qualified to be member of the Majlis-e-Shoora (Parliament), to be appointed by the Speaker of the National Assembly; Member
(iv) for the explanation, the following shall be substituted, namely:-
“Explanation I.--The senior amongst the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court shall be the Chairperson of the Commission. Their inter se seniority shall be determined with reference to their dates of appointment as the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court otherwise than as Acting Chief Justice and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of the High Courts.
Explanation II.--If a Judge may not be nominated under paragraph (iiia), one nominee each of the respective Chief Justices shall be placed before the Commission which shall, by the majority of its total membership, nominate a Judge under paragraph (iiia) from amongst the nominees.
Explanation III.--If the Chief Justice of the Supreme Court or a Judge mentioned in paragraph (iii) is to be nominated for appointment as a Judge of the Federal Constitutional Court, the next most senior Judge, as the case may be, shall act as a member of the Commission in his place.
Explanation IV.--If a Judge appointed under paragraph (iiia) is a Judge of the Supreme Court and is to be nominated for appointment as a Judge of the Federal Constitutional Court, another Judge of the Federal Constitutional Court or the Supreme Court shall be nominated under clause (iiia) or Explanation II, as the case may be, to act as a member of the Commission in his place.”;
(d) in clause (3),--
(i) for the words “the Chief Justice of Pakistan”, the words “the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court” and for the words “the Supreme Court”, the words and comma “the Federal Constitutional Court or the Supreme Court, as
the case may be” shall respectively be substituted and thereafter the first proviso shall be omitted; and
(ii) for the second proviso, the following shall be substituted, namely:--
“Provided that if the nominee under this clause declines to become the Chief Justice, he shall be deemed to have retired and the three next most senior Judges shall be considered and so on till the appointment of the Chief Justice of the Federal Constitutional Court or the Chief Justice of the Supreme Court, as the case may be:
Provided further that notwithstanding anything contained in the Constitution, the President shall, on advice of the Prime Minister, appoint the first Chief Justice of the Federal Constitutional Court from amongst the Judges of the Supreme Court:
Provided also and notwithstanding anything contained in the Constitution, the appointment of the first batch of Judges of the Federal Constitutional Court, shall be made by the President, on advice of the Prime Minister in consultation with the Chief Justice of the Federal Constitutional Court:
Provided also that the second, third and this proviso shall stand omitted on the appointment of the first Chief Justice and the Judges under the above said provisos.”;
(e) in clause (3C), for the word and comma “Pakistan,” the words and comma “the Federal Constitutional Court or the Chief Justice of the Supreme Court, as the case may be” and for the colon, at the end, a full stop shall respectively be substituted and thereafter, the proviso shall be omitted;
(f) in clause (4), for the word “may”, the word “shall” shall be substituted and after the word and comma “assessment,”, the word and comma “interview,” shall be inserted;
(g) in clause (5), for the third proviso, the following shall be substituted, namely:--
“Provided also that if Article 202A has not come into force for a High Court, the most senior Judge of such High Court shall be a member of the Commission under paragraph (ii).”;
(h) in clause (6), in the second proviso, after the words “Justice”, the words “and the Judges” shall be inserted;
(i) in clause (8), after the word “in”, the words and comma “the Federal Constitutional Court,” shall be inserted;
(j) for clause (20), the following shall be substituted, namely:-
“(20) The Commission shall make rules for the purposes of clauses (18) and (19) within sixty days of commencement of the Constitution (Twenty-seventh Amendment) Act, 2025.”; and
(k) in clause (23), after the word “in”, the words and comma “the Federal Constitutional Court,” shall be inserted.
21. Insertion of new Chapter in the Constitution.--In the Constitution, in Part VII, after CHAPTER 1, the following new CHAPTER 1A, shall be inserted, namely:--
“CHAPTER 1A
THE FEDERAL CONSTITUTIONAL COURT
175B. Constitution of Federal Constitutional Court.--(1) The Federal Constitutional Court shall consist of a Chief Justice to be known as the Chief Justice of the Federal Constitutional Court of Pakistan hereinafter referred to as the Chief Justice of the Federal Constitutional Court and as many other Judges as may be determined by Act of Majlis-e-Shoora (Parliament) or, until so determined, as may be fixed by the President:
Provided that the Federal Constitutional Court shall have equal number of Judges from each Province and at least one Judge from Islamabad High Court.
Explanation.--In no case the number of Judges from the Islamabad High Court shall exceed the numbers of Judges from a Province:
Provided further that nothing contained in the first proviso shall effect the functioning of the Federal Constitutional Court.
(2) The President may, by Order, make necessary provisions for the matters consequential or ancillary to the establishment and functioning of the Federal Constitutional Court.
175C. Appointment of Federal Constitutional Court Judges.--(1) The Chief Justice of the Federal Constitutional Court and each of the other Judges thereof shall be appointed by the President in accordance with Article 175A.
(2) A person shall not be appointed as Judge of the Federal Constitutional Court unless he is a citizen of Pakistan and--
(a) is or has been a Judge of the Supreme Court; or
(b) has, for a period of not less than five years, been a Judge of a High Court; or
(c) has, for a period of not less than twenty years, been an advocate of a High Court and is an advocate of the Supreme Court.
(3) The inter se seniority of Judges appointed under this Article shall be reckoned from the date they enter upon the office and in case that date is same then on the basis of their age:
Provided that a Judge of the Supreme Court, who holds the said office on the commencement of the Constitution (Twenty-seventh Amendment) Act, 2025, shall retain his inter se seniority among Judges other than the Chief Justice of the Federal Constitutional Court.
175D. Oath of Office of the Chief Justice and other Judges of the Federal Constitutional Court.--Before entering upon office, the Chief Justice of the Federal Constitutional Court shall make before the President, and any other Judge of the Federal Constitutional Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
175E. Original jurisdiction of Federal Constitutional Court.--(1) The Federal Constitutional Court shall, to the exclusion of every other Court, have original jurisdiction in any dispute between any two or more Governments.
Explanation.--In this clause, “Governments” means the Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Federal Constitutional Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Article 199, the Federal Constitutional Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article:
Provided that, subject to the satisfaction of the Federal Constitutional Court, the jurisdiction under this clause shall only be exercised if an application is filed by a person in that Court.
(4) All petitions which fall under this Article and appeals or review applications against judgments rendered or orders passed under this Article, pending or filed before the Supreme Court or its Constitutional Benches, prior to commencement of the Constitution (Twenty-seventh Amendment) Act, 2025, shall forthwith stand transferred to the Federal Constitutional Court and shall only be heard and decided by the Federal Constitutional Court.
(5) The Federal Constitutional Court may, on its own motion or otherwise, if it considers that the case involves a substantial question of law as to the interpretation of the Constitution, call for the record of any case pending before any Court and make such order in the case as it thinks fit.
175F. Appellate jurisdiction of the Federal Constitutional Court.--(1) The Federal Constitutional Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of a High Court as provided herein below--
(a) where an Act of Majlis-e-Shoora (Parliament) so provides;
(b) if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution; or
(c) from a judgment or an order of a High Court made under Article 199 only if the Federal Constitutional Court grants leave to appeal:
Provided that no appeal shall lie against a judgment or an order of a High Court made under Article 199, in a case which relates to rent and family except guardianship and such other matters as may be determined by law.
(2) All petitions for leave to appeal, appeals or review applications, to which clause (1) apply or any other proceedings falling within the jurisdiction of the Federal Constitutional Court, filed or pending before the Supreme Court prior to commencement of the Constitution (Twenty-seventh Amendment) Act, 2025, stand transferred to the Federal Constitutional Court and shall only be heard and decided by that Court.
175G. Review of judgments or orders by the Federal Constitutional Court.--The Federal Constitutional Court shall have the power, subject to the provisions of any Act of Majlis-e-Shoora (Parliament) and any rules made by the Federal Constitutional Court, to review any judgment pronounced or any order made by it.
175H. Advisory jurisdiction.--(1) If, at any time, the President Considers that it is desirable to obtain the opinion of the Federal Constitutional Court on any question of law which he considers of public importance, he may refer the question to the Federal Constitutional Court for consideration.
(2) The Federal Constitutional Court shall consider a question so referred and report its opinion on the question to the President.
175I. Retiring age of the Chief Justice and other Judges of the Federal Constitutional Court.--A Judge of the Federal Constitutional Court shall hold office until he attains the age of sixty-eight years, unless he sooner resigns or is removed from office in accordance with the Constitution:
Provided that the term of office of the Chief Justice of the Federal Constitutional Court shall be three years or unless he sooner resigns or he attains the age of sixty-eight years or is removed from his office in accordance with the Constitution, whichever is earlier:
Provided further that the Chief Justice of the Federal Constitutional Court on completion of his term of three years shall stand retired notwithstanding his age of superannuation.
175J. Acting Chief Justice of the Federal Constitutional Court.--At any time when--
(a) the office of Chief Justice of the Federal Constitutional Court is vacant; or
(b) the Chief Justice of the Federal Constitutional Court is absent or is unable to perform the functions of his office due to any other cause,
the President shall appoint one of the other Judges of the Federal Constitutional Court to act as its Chief Justice.
175K. Acting Judges of the Federal Constitutional Court.--(1) At any time when--
(a) the office of a Judge of the Federal Constitutional Court is vacant; or
(b) a Judge of the Federal Constitutional Court is absent or is unable to perform the functions of his office due to any other cause,
the President may, in the manner provided in clause (1) of Article 175A, appoint a Judge of the Supreme Court or a High Court who is qualified for appointment as a Judge of the Federal Constitutional Court to act temporarily as a Judge of the Federal Constitutional Court.
Explanation.--In this clause, Judge of the Supreme Court or a High Court includes a person who has retired as a Judge of the Supreme Court or a High Court.
(2) An appointment under this Article shall continue in force until it is revoked by the President.
175L. Seat of the Federal Constitutional Court.--(1) The permanent seat of the Federal Constitutional Court shall be at Islamabad.
(2) The Federal Constitutional Court may from time to time sit at such other places as the Chief Justice of the Federal Constitutional Court, with the prior approval of the President, may appoint.”.
22. Amendment of Article 176 of the Constitution.--In the Constitution, in Article 176,--
(a) after the word “Justice”, occurring for the second time, the words “of Supreme Court” shall be inserted; and
(b) for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:-
“Provided that and notwithstanding anything contained in the Constitution, the incumbent Chief Justice shall be and continue to be known as the Chief Justice of Pakistan during his term in office.”.
23. Amendment of Article 177 of the Constitution.--In the Constitution, in Article 177, for the word “Pakistan”, the words “Supreme Court” shall be substituted.
24. Amendment of Article 178 of the Constitution.--In the Constitution, in Article 178, for the word “Pakistan” the words “Supreme Court” shall be substituted.
25. Amendment of Article 179 of the Constitution.--In the Constitution, in Article 179, for the word “Pakistan” occurring twice, the words “Supreme Court” shall be substituted.
26. Amendment of Article 180 of the Constitution.--In the Constitution, in Article 180,-
(a) for the word “Pakistan”, occurring thrice, the words “the Supreme Court” shall respectively be substituted; and
(b) for the words “the most senior”, the word “one” shall be substituted.
27. Amendment of Article 182 of the Constitution.--In the Constitution, in Article 182, for the word “Pakistan”, the words “Supreme Court” shall be substituted.
28. Amendment of Article 183 of the Constitution.--In the Constitution, in Article 183,
(a) In clause (2), for the word “Pakistan”, the words “Supreme Court” shall be substituted; and
(b) Clause (3) shall be omitted.
29. Omission of Article 184 of the Constitution.--In the Constitution, Article 184 shall be omitted.
30. Substitution of Article 185 of the Constitution.--In the Constitution, for Article 185, the following shall be substituted, namely:--
“185. Appellate jurisdiction of the Supreme Court.--(1) Subject to this Article and Article 175F, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of a High Court.
(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court--
(a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any case from any Court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or
(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or
(d) if the amount or value of the subject-matter of the dispute in the Court of first instance was, and also in dispute in appeal is, not less than one million rupees or such other sum as may be specified in that behalf by Act of Majlis-e-Shoora (Parliament) and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court or tribunal immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court or tribunal immediately below.
(3) An appeal to the Supreme Court, from a judgment, decree, order or sentence of a High Court in case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal:
Provided that no appeal shall lie to the Supreme Court in cases to which clause (1) of Article 175F applies.”.
31. Omission of Article 186 of the Constitution.--In the Constitution, Article 186 shall be omitted.
32. Omission of Article 186A of the Constitution.--In the Constitution, Article 186A shall be omitted.
33. Amendment of Article 187 of the Constitution.--In the Constitution, in Article 187,--
(a) in the marginal heading, after the word “of”, occurring for the second time, the words “Federal Constitutional Court and” shall be inserted; and
(b) in clause (1),--
(i) after the figure and comma “175,” the words “the Federal Constitutional Court and” shall be inserted; and
(ii) in the proviso, after the word “by”, the words “the Federal Constitutional Court and” shall be inserted.
34. Substitution of Article 189 of the Constitution.--In the Constitution, for Article 189, the following shall be substituted, namely:--
“189. Decisions of Federal Constitutional Court and Supreme Court binding on other Courts.--(1) Any decision of the Federal Constitutional Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan including the Supreme Court.
(2) Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan except the Federal Constitutional Court.”.
35. Amendment of Article 190 of the Constitution.--In the Constitution, in Article 190,--
(a) in the marginal note, after the word “of” the words “Federal Constitutional Court and” shall be inserted; and
(b) after the word “of” the words “the Federal Constitutional Court and” shall be inserted.
36. Substitution of Article 191 of the Constitution.--In the Constitution, for Article 191, the following shall be substituted, namely:--
“191. Rules of procedure.--Subject to the Constitution and any Act of Majlis-e-Shoora (Parliament), the Federal Constitutional Court and the Supreme Court may make rules regulating their respective practice and procedure.”.
37. Omission of Article 191A of the Constitution.--In the Constitution, Article 191A shall be omitted.
38. Amendment of Article 192 of the Constitution.--In the Constitution, in Article 192, for the brackets and digit “(5)”, the brackets and digit “(4)” shall be substituted.
39. Amendment of Article 193 of the Constitution.--In the Constitution, in Article 193, clause (3) shall be omitted.
40. Amendment of Article 199 of the Constitution.--In the Constitution, in Article 199, in clause (4A),--
(a) for the proviso, the following shall be substituted, namely:-
“Provided that, for reasons to be recorded, an interim order may be extended only for a period upto six months.”; and
(b) in clause (5), after the word “the”, occurring for the fourth time, the words “Federal Constitutional Court or the” shall be inserted.
41. Substitution of Article 200 of the Constitution.--In the Constitution, for Article 200, the following shall be substituted, namely:--
“200. Transfer of High Court Judges.--(1) The President may transfer a Judge of a High Court from one High Court to another High Court on the recommendation of and on such terms and conditions as may be determined by the Judicial Commission of Pakistan as mentioned in clause (2) of Article 175A:
Provided that the Chief Justices of both High Courts shall also be members of the Judicial Commission of Pakistan for the purposes of this clause:
Provided further that the Judicial Commission of Pakistan before making recommendation under this clause may hear the Judge.
Explanation.--In this Article, “Judge” does not include a Chief Justice but includes a Judge for the time being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196.
(2) The seniority of a Judge of a High Court transferred under clause (1) shall be reckoned from the date of his initial appointment as a Judge of the High Court:
Provided that no Judge shall be transferred to a High Court where on transfer he becomes senior to the Chief Justice of such High Court.
(3) Where a Judge is so transferred, he shall be entitled to such additional allowances and privileges, in addition to his salary and allowances, as the President may, by Order, determine.
(4) A Judge of a High Court who does not accept a transfer under this Article shall be proceeded against under Article 209 within a period of thirty days. Such Judge shall not perform his functions till such time the Council under Article 209 renders its decision.”.
42. Amendment of Article 202A of the Constitution.--In the Constitution, in Article 202A, for clause (3), the following shall be substituted, namely:-
“(3) No Bench of a High Court other than a Constitutional Bench shall exercise jurisdiction vested in the High Court under Article 199.”.
43. Amendment of Article 204 of the Constitution.--In the Constitution, in Article 204, in clause (1), after the word “the”, the words “Federal Constitutional Court or the” shall be inserted.
44. Amendment of Article 205 of the Constitution.--In the Constitution, in Article 205, after the word “of”, occurring for the third time, the words “the Federal Constitutional Court or” shall be inserted.
45. Amendment of Article 206 of the Constitution.--In the Constitution, in Article 206,--
(a) in clause (1), after the word “the” occurring for the first time, the words “Federal Constitutional Court or of the” shall be inserted;
(b) for clause (2), the following shall be substituted, namely:--
“(2) A Judge of a High Court who does not accept appointment as a Judge of the Federal Constitutional Court or the Supreme Court or a Judge of the Supreme Court who does not accept appointment as a Judge of the Federal Constitutional Court shall be deemed to have retired from his office and, on retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan”.
46. Amendment of Article 207 of the Constitution.--In the Constitution, in Article 207,--
(a) for the words “Supreme Court” occurring thrice, the words “Federal Constitutional Court or of the Supreme Court” shall be substituted; and
(b) in clause (3)--
(i) in Paragraph (a), after the semi-colon, at the end, the word “and” shall be inserted;
(ii) in paragraph (b), for the semi-colon and the word “and”, occurring at the end, a full stop shall be substituted; and
(iii) paragraph (c) shall be omitted.
47. Amendment of Article 208 of the Constitution.--In the Constitution, in Article 208--
(a) after the word “The”, occurring for the first time, the words and comma “Federal Constitutional Court, the” shall be inserted; and
(b) for the full-stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:-
“Provided that till such time rules are made in this regard, the rules providing for the appointment of officers and servants of the Supreme Court and for their terms and conditions of employment shall mutatis mutandis apply to the officers and servants of the Federal Constitutional Court.”.
48. Amendment of Article 209 of the Constitution.--In the Constitution, in Article 209--
(a) for clause (2), the following shall be substituted, namely:-
“(2) The Council shall consist of--
(a) the Chief Justice of the Federal Constitutional Court;
(b) the Chief Justice of the Supreme Court;
(c) one next most senior Judge each of the Federal Constitutional Court and the Supreme Court;
(d) a Judge of the Federal Constitutional Court or the Supreme Court jointly nominated by the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court, for a period of two years;
(e) the two most senior Chief Justices of the High Courts.
Explanation 1. The senior amongst the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court shall be the Chairperson of the Council. Their inter se seniority shall be determined with reference to their dates of appointment as the Chief Justices of the Federal Constitutional Court and the Chief Justice of the Supreme Court otherwise than as acting Chief Justice, in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of the High Courts.
Explanation II.--If a Judge may not be nominated under paragraph (d), the respective Chief Justices shall forward one nominee each to the President who shall, on advice of the Prime Minister, nominate one of them as a Judge under paragraph (d).
Explanation III.--For the purposes of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than as acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of the High Courts.”;
(b) for clause (3), the following shall be substituted, namely:--
“(3) If at any time, the Council is inquiring into the capacity, inefficiency or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then if such member is the--
(a) Chief Justice or Judge of the Federal Constitutional Court or the Supreme Court, as the case may be, the Judge who is next in seniority below the Judges referred to in paragraph (c) of clause (2), as the case may be;
(b) Judge of the Federal Constitutional Court or the Supreme Court referred to in paragraph (d) of clause (2), another Judge nominated under paragraph (d) or Explanation II of clause (2); and
(c) Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts,
shall act as a member of the Council in his place.”;
(c) in clause (5)--
(i) After the figure “175A”, occurring twice, the words and figure “and Article 200” shall be inserted;
(ii) after the word “Judge”, the words “of the Federal Constitutional Court or” shall be inserted; and
(iii) after the word and comma “misconduct,”, the word “or” shall be inserted and thereafter the following new clause shall be inserted, namely:--
“(d) does not accept a transfer under Article 200.”;
(d) in clause (6)--
(i) after the word “months” the words “and within thirty days in case where paragraph (d) applies” shall be inserted; and
(ii) in paragraph (a), after the word “misconduct”, the words “or does not accept transfer under Article 200” shall be inserted;
(e) in clause (7), after the word “Judge”, the words “of the Federal Constitutional Court or” shall be inserted;
(f) in clause (8), after the word “of”, occurring for the second time, the words and comma “the Federal Constitutional Court,” shall be inserted; and
(g) after clause (9), the following new clause (10) shall be inserted namely:-
“(10) Within sixty days of commencement of the Constitution (Twenty-seventh Amendment) Act, 2025, the Council shall make rules regulating its procedure and conduct of business.”,
49. Amendment of Article 210 of the Constitution.--In the Constitution, in Article 210--
(a) in clause (1), for the words “Supreme Court” occurring twice, the words “the Federal Constitutional Court or the Supreme Court” shall be substituted; and
(b) in clause (2), for the words “Supreme Court” the words and comma “Federal Constitutional Court, the Supreme Court” shall be substituted.
50. Amendment of Article 239 of the Constitution.--In the Constitution, in Article 239, for clause (5), the following shall be substituted, namely:--
“(5) Notwithstanding anything contained in the Constitution and any judgment of any Court, no Court shall have jurisdiction to call in question any amendment to the Constitution on any ground whatsoever.”.
51. Amendment of Article 243 of the Constitution.--In the Constitution, in Article 243,--
(a) for clause (4), the following shall be substituted, namely:--
(4) The President shall, on advice of the Prime Minister, appoint--
(a) the Chief of the Army Staff concurrently the Chief of the Defense Forces;
(b) the Chief of the Naval Staff; and
(c) the Chief of the Air Staff;
and shall also determine their salaries and allowances.”; and
(b) after clause (4), amended as aforesaid, the following new clauses (5), (6), (7), (8), (9), (10) and (11) shall be inserted, namely:--
“(5) Notwithstanding anything contained in clause (4), the office of the Chairman, Joint Chiefs of Staff Committee shall stand abolished with effect from the twenty-seventh day of November two thousand and twenty-five.
(6) The Prime Minister shall, on the recommendation of the Chief of the Army Staff concurrently the Chief of the Defense Forces, appoint the Commander of the National Strategic Command from the members of Pakistan Army and shall also determine his salary and allowances.
(7) Where the Federal Government promotes a member of the Armed Forces to the rank of Field Marshal, Marshal of the Air Force or Admiral of the Fleet, such officer shall retain the rank, privileges and remain in uniform for life.
(8) Field Marshal, Marshal of the Air Force and Admiral of the Fleet, being national heroes, shall not be removed from office except on the ground or charges and in the manner provided under Article 47.
(9) The provisions of Article 248, as applicable to the President, shall mutates mutandis apply to Field Marshal, Marshal of the Air Force and Admiral of the Fleet.
(10) Upon completion of the term of his command, under the law, the Federal Government shall determine the responsibilities and duties of Field Marshal, Marshal of the Air Force or Admiral of the Fleet in the interest of State,
(11) The President shall, on advice of the Prime Minister, determine the salary, allowances and privileges of Field Marshal, Marshal of the Air Force and Admiral of the Fleet.”.
52. Amendment of Article 248 of the Constitution.--In the Constitution, in Article 248--
(a) in clause (1), for the word “The”, occurring for the first time, the words and comma “Notwithstanding any judgment of any Court, the” shall be inserted;
(b) for clause (2), the following shall be substituted, namely:-
“(2) No criminal proceedings whatsoever shall be initiated or continued against the President for his life and for a Governor during his term of office in any Court.”; and
(c) for clause (3), the following shall be substituted, namely:-
“(3) No process for arrest or imprisonment of the President for his life and for a Governor during his term of office, shall be issued from any Court:
Provided that the provisions of clauses (2) and (3) shall not apply during the period the President holds a public office after he ceases to be the President.”.
53. Amendment of Article 260 of the Constitution.--In the Constitution, in Article 260, in clause (1)--
(a) in the definition of “Chief Justice”, after the word “the”, occurring for the first time, the words “Federal Constitutional Court or the” shall be inserted;
(ab) after the definition of the Chief Justice, as amended aforesaid, the following new definition shall be inserted, namely:-
“Chief Justice of Pakistan” means the senior amongst the Chief Justice of the Federal Constitutional Court and the Chief Justice of Supreme Court;”.
(b) in the definition of the “Judge”--
(i) after the word “the”, occurring for the first time, the words “Federal Constitutional Court or the” shall be inserted; and
(ii) after the word and hyphen “includes”--
(a) the following new paragraphs shall be inserted, namely:-
“(a) in relation to the Federal Constitutional Court, a person who is acting as a Judge of the Court;” and
(b) the existing paragraphs (a) and (b) shall be renumbered as paragraphs (b) and (c);
(b) in the definition of “service of Pakistan”, after the word “as”, the word “President” shall be inserted; and
(c) after the definition of “tax on income”, the following new definition shall be inserted, namely:-
“technocrat” means a person who has sixteen years of education and fifteen years of experience in his field.”.
54. Amendment of Third Schedule of the Constitution.--In the Constitution, in the Third Schedule, in the Oath prescribed for the Chief Justice of Pakistan or High Court or Judge of the Supreme Court or a High Court--
(a) for the heading, the following shall be substituted, namely:
“CHIEF JUSTICE OF THE FEDERAL CONSTITUTIONAL COURT OF PAKISTAN OR CHIEF JUSTICE OF THE SUPREME COURT OF PAKISTAN OR OF A HIGH COURT OR JUDGE OF THE FEDERAL CONSTITUTIONAL COURT OR OF THE SUPREME COURT OR OF A HIGH COURT.
[Articles 175D, 178 and 194]”; and
(b) in the Oath, in the second paragraph, for the expression “Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a Judge of the
High Court for the Province or Provinces of ..........)”, the expression “Chief Justice of the Federal Constitutional Court of Pakistan (or a Judge of the Federal Constitutional Court of Pakistan) or Chief Justice of the Supreme Court of Pakistan (or a Judge of the Supreme Court of Pakistan) or Chief Justice (or a Judge) of the High Court for the Province or Islamabad Capital Territory or Provinces of ………..” shall be substituted.
55. Amendment of the Fourth Schedule to the Constitution.--In the Constitution in the Fourth Schedule, in Part I, in entry 55, for the words “Supreme Court”, occurring twice, the words “Federal Constitutional Court and the Supreme Court” shall be substituted.
56. Amendment of Fifth Schedule of the Constitution.--In the Constitution, in the Fifth Schedule, under the heading “Remuneration and Terms and Conditions of Service of Judges.”
(a) in the Part relating to Supreme Court, for the sub-heading “THE SUPREME COURT”, the sub-heading “THE FEDERAL CONSTITUTIONAL COURT AND THE SUPREME COURT” shall be substituted;
(b) in the first paragraph, for the word “Pakistan”, the words “the Federal Constitutional Court and the Chief Justice of the Supreme Court” shall be substituted;
(c) in the second, third and fourth paragraphs, for the words “Supreme Court”, the words “Federal Constitutional Court and the Supreme Court” shall respectively be substituted; and
(d) in the second paragraph the words “of Pakistan” shall be omitted.
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