Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari formally unveiled the features of the proposed amendment in a public statement, setting the stage for a fresh constitutional debate.
Former PPP senator Mustafa Nawaz Khokhar said the 27th Amendment’s “core aim is to tweak Article 243, which deals with the armed forces’ control and command, as well as the appointment of services chiefs. Everything else is just noise, open to negotiations and withdrawal,” he added.
However, experts believe that consensus is already emerging within the government on one major element – the creation of a Federal Constitutional Court (FCC).
Yasser Kureshi, a researcher at the University of Oxford, said that despite differences between the PML-N and PPP on other points, “there is likely to be consensus among them on taking the next steps in fragmenting and subordinating the judiciary through the 27th Amendment”.
He added that debates over judicial independence “are now largely irrelevant, especially since the 26th Amendment. What we need to ask instead is: how does the current regime seek to use and weaponise the judiciary and how does this amendment serve that purpose.”
“My understanding is that the judiciary’s role is now to act as a rubber stamp, providing legal cover for the executive branches’ efforts to organise and consolidate power,” said Kureshi.
He further observed that establishing the FCC “will mean the government will get to handpick its favourite judges for elevation so they can play this role without facing institutional resistance or sharing space with more independent-minded judges.”
“The FCC will likely provide the legal cover the executive needs for its agenda for reorganising power. This includes the subordination and bureaucratisation of the rest of the judicial system,” he added.
Kureshi warned that judges seeking elevation to the FCC “will then have to ask what else they will have to provide legal cover to – and what kind of reputation they will be left with at the end.”
Some senior lawyers, however, continue to support the government’s experiment with the Constitutional Bench (CB) within the Supreme Court, calling it a “successful model.” They point out that the executive-dominated Judicial Commission of Pakistan (JCP) can remove any judge from the CB at any time.
Yet, they caution that the situation would be markedly different in the FCC, where judges once appointed would continue until retirement.
Lawyers critical of the current situation blame the superior judiciary’s leadership for allowing executive encroachment. They question why the CB committee did not promptly fix hearings for petitions challenging the 26th Amendment. Many argue that the delay in these hearings is what emboldened the executive’s dominance over judicial affairs.
It is also learnt that deliberations are currently underway to determine the first head of the proposed FCC.
Legal expert Hafiz Ehsaan Ahmad Khokhar offered a more reformist interpretation of the amendment process. He noted that while Parliament holds clear powers under Article 239 to amend the Constitution, Pakistan “now faces a pressing need for carefully considered, consensus-driven reforms.”
He stressed that reforms “should not merely redistribute powers but also strengthen governance, institutional balance, and public trust in the federal system.”
Khokhar urged the government to engage political parties, provincial governments, and constitutional bodies “in a broad national dialogue to craft reforms that are practical, inclusive, and forward-looking.” The goal, he said, should be “a cooperative, modern, and efficient federal structure, where the Federation, provinces, and local governments work together to deliver services effectively and maintain national cohesion.”
Citing the 18th Amendment (2010) as a milestone in provincial autonomy, Khokhar said its implementation had exposed gaps in coordination and policymaking, while the abolition of the Concurrent Legislative List weakened uniformity in key sectors such as education, health and energy.
Similarly, he said, the 26th Amendment deepened internal judicial divisions instead of stabilising institutions.
“These experiences underscore the need for a measured realignment – one that preserves provincial autonomy while restoring the Federation’s capacity to legislate and coordinate on matters of collective national importance,” he noted.
Referring to Articles 141149, Khokhar said overlapping legislative powers between the federation and provinces have caused confusion. He proposed that the 27th Amendment restore harmony by clarifying jurisdictions, particularly in energy, education standards, digital governance, and environmental regulation. “Execution should remain with the provinces,” he said, “but Parliament must retain policymaking authority to ensure national consistency.”
Khokhar also called for reforms in Article 160, which governs revenue distribution, urging rational and transparent fiscal allocations. He proposed setting up Provincial Award Commissions to ensure equitable resource distribution among districts, thereby promoting fiscal decentralisation and accountability.
True devolution, he emphasised, “empowers citizens through local governments rather than merely expanding provincial bureaucracies.” To this end, he proposed strengthening Article 140A and introducing a new Article 140B mandating constitutionally protected elected local governments and regular elections at district and tehsil levels.
He also advocated for a Fourth Legislative List devoted exclusively to local government subjects such as municipal regulation, urban planning, sanitation, and community welfare.
Khokhar reiterated his support for a Constitutional Court, with exclusive jurisdiction over constitutional interpretation, intergovernmental disputes, and fundamental rights litigation. “Similar courts should exist at both federal and provincial levels,” he said, adding that these should have fixed tenures and specialised judges representing all federating units.
Post-26th Amendment, he said, judicial authority has become “strained and ambiguous.” Adopting a system similar to Germany or South Africa, he argued, would clarify jurisdictional boundaries and “reduce the Supreme Court’s burden, allowing it to focus on appellate and policy matters.”
He further stressed the need for procedural reform under Article 243, which governs command and appointments of Service Chiefs, recommending clearer tenure limits, transparent reappointment conditions, and consistency with judicial and electoral appointments.
Khokhar also commented on proposals to restore the Executive Magistracy, abolished in 2001, cautioning that its revival “should be limited, clearly defined, and subject to judicial review to prevent overlap and ensure accountability.”
Concluding, Hafiz Khokhar said Pakistan “stands at a crucial juncture in its constitutional history.” The 27th Amendment, he said, must be treated not as a political manoeuvre but “as a national reform agenda aimed at strengthening legislative clarity, fiscal fairness, judicial independence, and institutional coherence.”
“With broad political consensus, careful drafting, and inclusive dialogue, these reforms can fortify democratic institutions, enhance governance, and lay the foundation for a modern, balanced, and rule-based federation capable of addressing 21st-century challenges,” he added.