Introduction
Reports indicate that the Government of Pakistan is preparing the 27th Constitutional Amendment of Pakistan 2024 to establish a dedicated Constitutional Court. The proposal—if approved—would be a major reconfiguration of Pakistan’s judicial architecture. Early reports suggest the new court will initially sit with seven judges who may retire at the age of 68, and that its primary role would be the interpretation of the Constitution and adjudication of constitutional disputes. This article analyses the legal rationale, probable structure, and significant implications of the proposed reform.
What is a Constitutional Court?
A Constitutional Court is a specialized judicial body focused on constitutional adjudication: review of legislation, disputes between the federation and provinces, protection of fundamental rights, and determining the validity of constitutional amendments. Unlike a general appellate court, a constitutional court concentrates expertise in constitutional law to deliver consistent, principled rulings on matters affecting the supreme law of the land.
Key Proposals in the 27th Amendment (Reported)
Based on current reporting, the proposed amendment includes several headline features:
Establishment of a Constitutional Court: a separate forum dedicated to constitutional questions.
Composition: initially, seven judges chosen from the superior judiciary.
Retirement age: judges are to retire at 68 years.
Exclusive jurisdiction: constitutional interpretation, federal-provincial disputes, and high-value constitutional petitions.
Relationship with the Supreme Court: the amendment reportedly redefines roles between the Supreme Court and the new Constitutional Court (details pending).
Because the 27th Amendment is still in draft form and subject to parliamentary debate—and because petitions have been filed contesting its provisions—it is essential to treat the published features as proposed rather than final.
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