The 27th Amendment: A Controversial Move in Pakistan's Legal Landscape
The recent 27th Amendment to Pakistan's Constitution has sparked intense debate and concern among legal experts and the public alike. This amendment, which aims to establish a Federal Constitutional Court (FCC), has been criticized for potentially undermining the Supreme Court's authority and altering the country's judicial system.
The initial draft of the amendment, presented in the Senate, suggests a significant shift in power dynamics. Legal experts argue that it would effectively remove the Supreme Court's status as the highest judicial authority, transferring its powers to the proposed FCC. This change has raised eyebrows, as it challenges the very foundation of Pakistan's judiciary.
The opposition parties in Pakistan have also voiced their disapproval, planning protests against the amendment. A senior counsel, speaking on condition of anonymity, expressed the sentiment that the Supreme Court's role would diminish, becoming more like a 'Supreme District Court' with limited jurisdiction. This concern is further amplified by the possibility of the government amending laws, such as the Elections Act 2017, to direct appeals to the FCC instead of the Supreme Court.
The amendment's impact on Article 175 is particularly alarming. Legal experts claim that this change would render the Supreme Court irrelevant, effectively removing it from the Constitution. This interpretation has led to fears that the executive branch might gain excessive control over the judiciary, raising questions about the balance of power.
Former additional attorney general Tariq Mehmood Khokhar highlights a twofold concern. Firstly, the insertion of Chapter 1A in the Constitution could empower the executive to exert more control over the judiciary through expanded powers, such as transferring high court judges. Secondly, the amendment to Article 243 formally assigns the office of Chief of the Defence Forces to the Chief of the Army Staff and constitutionally guarantees the Field Marshal rank for life.
The opposition alliance, Tehreek Tahafuz Ayeen-i-Pakistan (TTAP), has taken a strong stance, calling for nationwide protests against the amendment. They describe it as 'extremely dark and dangerous' for the country's democratic institutions. The alliance, comprising six opposition parties, believes that the amendment threatens the nation's democratic principles and the will of the people.
In a video statement, TTAP leaders Mahmood Khan Achakzai and Allama Raja Nasir Abbas urged citizens to join the protests on November 9. Abbas emphasized the need for the nation to rise against the amendment, stating that the government has been given more power, which could lead to further abuse. Achakzai, the leader of the opposition, vowed to safeguard the Constitution, expressing his belief that the people's will should be the ultimate decision-maker.
The 27th Amendment remains a highly contentious issue in Pakistan, with legal experts, opposition parties, and citizens alike expressing their concerns. The potential consequences for the country's judiciary and democratic processes are significant, leaving many to question the motives and implications of this controversial amendment.
)
