Debate Over Rule Change
Debate Over Rule Change: The 27th Constitutional Amendment was a secret for months. PPP Chairman Bilawal Bhutto Zardari now revealed its basic plan. This proposal makes major, controversial changes to the Constitution. It will cut the judiciary’s independence. It also plans to remove protection for the provinces’ financial share (NFC share). Strangely, the proposal changes Article 243. This article governs the appointment of military chiefs and their service structure.
Hidden Amendment Threat
The secrecy caused serious alarm. Most lawmakers and cabinet members did not know the details. This suggests an outside source drafted the amendment, similar to the 26th Amendment. This situation proves the “hybrid rule” reality: Parliament seems irrelevant in critical constitutional matters. Constitutions can change, but these changes attack the basic structure. They endanger fundamental rights and the balance of power. Such moves risk authoritarianism and threaten the country’s unity.
Secretive Process Fails
In a democracy, elected representatives must amend the Constitution. They must do this openly, with public and parliamentary debate. The current secret process fails democratic standards. The government seems unwilling to follow this essential process. Control over the draft is also uncertain; some cabinet members admit helplessness. However, they share responsibility for weakening democracy, especially after they supported the previous 26th Amendment.
Executive Controls Justice
One major proposal is to create a separate Constitutional Court. Experts see this as an effort to control the top judiciary, expanding the controversial 26th Amendment. This new court would strip the Supreme Court of its power over constitutional issues. This move hits judicial independence hard. The court will likely hold handpicked judges. The ruling coalition already dominates the Judicial Commission that appoints judges.
Punishing Judges
The most controversial part may be transferring High Court judges. This would reduce their status to that of lower court judges or government employees. It allows the executive and establishment to punish judges who do not comply. The government must also navigate the explosive issue of changing the provinces’ financial allocation (NFC). All provinces need to agree to this change, which seems unlikely. The ruling coalition now holds a supermajority. They can easily pass the amendment, but this move risks the country’s democratic future.
Published in Dawn, 4th November 2025
