27th Constitutional Amendment in Pipeline: Strengthening Pakistan’s Judiciary and National Security

(Amanullah Khan Ayubi)

The government of Pakistan is preparing for the upcoming 27th Constitutional Amendment, a move that signals its renewed commitment to bolstering national security and refining the judicial system. In recent amendments, key provisions were introduced, such as establishing constitutional benches within the Supreme Court, adjusting the appointment process, and setting an age limit for the Chief Justice. However, other critical aspects—namely, the establishment of a separate Constitutional Court and military courts—were initially excluded due to opposition, particularly from Maulana Fazlur Rehman, a key political ally in the ruling coalition. This decision stemmed from the government’s strategy to maintain consensus, although it had sufficient support in Parliament to pass the amendment independently.

As a result of the compromises made to secure Maulana’s endorsement, the final version of the last amendment included provisions that some policymakers believed were suboptimal. For instance, the establishment of constitutional benches within the Supreme Court replaced the proposal for a distinct Constitutional Court, limiting the judiciary’s capacity to address constitutional issues separately from other matters. Similarly, the exclusion of military courts raised concerns about the judicial system's ability to adequately address cases involving terrorism, organized crime, and foreign-sponsored insurgency. The draft also included clauses to gradually eliminate interest-based banking by 2028, reflecting the influence of religious parties and their ideological priorities.

Now, recognizing the urgency of establishing specialized mechanisms to combat serious security threats, the government is revisiting these provisions in the proposed 27th Constitutional Amendment. In particular, the establishment of military courts and a separate Constitutional Court within the Supreme Court is being prioritized. The need for such specialized courts arises from the challenge of managing extremism and terrorism effectively within the framework of Pakistan's regular judicial system. Addressing the youth extremist phenomenon, often referred to as the “Youthiya” virus, as well as other forms of terrorism and organized crime, requires a specialized approach that ordinary courts may struggle to manage.

With the recent surge in incidents attributed to both locally funded and foreign-sponsored extremists, the government is compelled to take decisive measures. These elements include foreign-funded terrorists, extremist political factions, religious militants, and mafia groups that operate as significant threats to the peace, security, and unity of Pakistan. The establishment of military and constitutional courts would allow the state to prosecute such offenders with precision, ensuring that cases involving national security are handled with due urgency.

This amendment is backed by the coalition government, which remains confident in its parliamentary majority. The support of key opposition members and political allies is anticipated, as they recognize the gravity of the current national security threats. Many understand that similar judicial mechanisms exist worldwide, where countries facing severe threats from terrorism and organized crime have introduced special courts. These courts are vital for maintaining law and order and protecting national unity.

Political analysts note that the proposed 27th Amendment has the potential to reshape Pakistan’s approach to addressing extremism and militancy, offering a legislative framework that is well-aligned with the country’s security imperatives. In doing so, the amendment could bridge the gap between conventional judicial procedures and the specialized needs of cases involving national security.

The 27th Constitutional Amendment marks a significant step in Pakistan’s journey towards establishing a robust judicial framework capable of tackling the complex landscape of modern security threats. With the establishment of military and constitutional courts, Pakistan can reinforce its defense against threats posed by terrorism, extremism, and organized crime. The government’s determination to proceed with these reforms reflects a strategic commitment to preserving the nation’s peace, security, and sovereignty in the face of evolving challenges.