The PPP on Monday said its coalition partner, PML-N, has officially sought its support for a 27th Constitutional Amendment proposal, the idea of which had been mooted soon after the 26th Amendment.
The development comes even as three dozen petitions challenging most of the 26th Amendment, which had also faced considerable censure, are pending before the Supreme Court.
According to PPP chairman Bilawal Bhutto-Zardari, the proposals include the creation of constitutional courts, the restoration of executive magistrates, the end of protection of provincial actions under the National Finance Commission and amendments to Article 243 of the Constitution, which relates to the command of the armed forces.
Now that the introduction of the 27th Amendment in Parliament seemed to be on the horizon, the legal fraternity and political circles were quick to express concerns over the proposed changes in the Constitution.
Lawyer Salahuddin Ahmed, former president of the Sindh High Court Bar Association, noted that the proposed changes were apparently aimed at “diluting federalism through the NFC amendment and reversal of the 18th Amendment devolution”.
The 27th Amendment, he said, also appeared to “upset the civil-military balance by modifying” Article 243 and “ending the last vestiges of independence in the higher courts (through a new court and transfer of powers) and in the lower courts (executive judiciary).”
Ahmed said he expected “enthusiastic agreement” between the PPP and PML-N on court-related changes, “some disagreement” on the NFC rollback and a “complete capitulation” on Article 243.
Reema Omer, legal advisor at the International Commission of Jurists, said in X: “None of the PML-N proposals inspire confidence or give hope that this new wave of constitutional adjustments will advance the vision of a federal republic.
“The 18th Amendment was a constitutional resistance. The proposed 27th Amendment appears to be a complete constitutional surrender,” he said.
Lawyer Hassan A. Niazi commented: “Pakistan’s total and absolute authoritarian consolidation continues.”
He called “each proposal worse than the last”, stating that public opinion had been “completely marginalized by an undemocratic and illegitimate parliament”.
“The decision has already been made. Why try to deliberate?” quipped Niazi, a partner at Lahore-based Common Law Chambers (CLC).
The PTI, one of the strongest voices against the 26th Amendment, also criticized the government’s desire to make further adjustments to the Constitution.
Asad Qaiser, leader of the PTI, pointed out that the successors of former President Zulfikar Ali Bhutto, during whose government the current 1973 Constitution was approved, and “his own party were bent on disfiguring that same Constitution.”
“The wounds of the 26th Amendment are still fresh, and the 27th Amendment is now being discussed,” Qaiser said. He highlighted that the 1973 Constitution “unites all units of the State in a beautiful bond.”
“The current parliament is a creation of Form 47 and has no moral license to make a major constitutional amendment of this nature,” the former National Assembly speaker said.
The PTI leader called on “all democratic forces in the country to remain united against this illegitimate amendment, otherwise no one will get anything.”
Former Khyber Pakhtunkhwa minister Taimur Saleem Jhagra called the proposal a “disaster for the country”. In an indirect reference to the PPP, he said: “Now we will see where all these parties that claimed to be in favor of devolution really stand.”
“How can you change the entire constitutional structure of a country? No one has a clue, and we just found out through some random tweet from Bilawal.” was asked in another post.
Muzammil Aslam, financial advisor to the KP prime minister, said on X: “Honestly, these amendments require a national consensus: [they] We need broader consultations for the good of the country.
“When we talk about reshuffling NFC as KP’s financial advisor, we are completely blank. We need to consult the proposed draft,” he added.
Other politicians also attacked the proposed changes.
National Democratic Movement (NDM) leader Bushra Gohar called the 27th Amendment a “rollback” of the 18th Amendment. “What are the proposed modifications to article 243?” the former MNA asked.
“In my opinion, the 27th Amendment is a strike against the provinces and a blatant attempt to weaken the federation,” Gohar said.
“This is dangerous,” said former Sindh governor Mohammad Zubair.
“The ruling regime now plans to literally throw away the 1973 Constitution. What little was left after the 26th Amendment will be eliminated through the proposed 27th Amendment.
“Resist now or be prepared to remain subordinate for the next 10 years,” the former PML-N leader added.
Former Federal Secretary Ahmad Nawaz Sukhera highlighted: “An independent, competent and apolitical judiciary is vital for any society…even to ‘protect’ the people from the wrath of the State!”
Journalists and human rights activists were another group that expressed concerns.
“How can issues of national importance be addressed without thorough public debate inside and outside parliament?” asked journalist Munizae Jahangir.
The late Asma Jahangir’s daughter added: “We need more transparency in what is proposed. Without that, the freedoms of Pakistanis will be compromised for generations to come.
“Be careful, politicians, you may end up hurting yourselves again!” warned Jahangir, also co-chairman of the Human Rights Commission of Pakistan (HRCP).
Hum news Research editor Zahid Gishkori noted that Article 243 of the Constitution, which was proposed to be amended, dealt “with the appointment, term of office and extension of the heads of the armed forces.”
“The move will likely define the president’s authority to award the title of quarterback to the highest performer as well,” he added.
Sunrise Journalist Nasir Jamal noted: “This proposal involves a significant reversal of the 18th Amendment, which the PPP has been defending all along. How will they go back on what they have been saying since then?
“[Bilawal] and his party are in a difficult situation,” he added.
