'Officer attaining rank of Field Marshal, Marshal of the Air Force, Admiral of the Fleet to retain uniform for life'

Islamabad: Key points of the proposed 27th Constitutional Amendment have emerged. According to the amendment, a new post of Chief of Defence Forces (CDF) will be introduced, with the Army Chief serving as the Chief of Defence Forces.

Officers who attain the ranks of Field Marshal, Marshal of the Air Force, or Admiral of the Fleet will retain their uniforms for life.

Under the proposed amendment, the President will appoint the Army Chief, Naval Chief, and Air Chief on the advice of the Prime Minister. The position of Chairman of the Joint Chiefs of Staff Committee will be abolished.

The amendment also provides that the Prime Minister will appoint the Commander of the National Strategic Command from the Army on the recommendation of the Chief of Defence Forces.

Officers achieving the ranks of Field Marshal, Marshal of the Air Force, or Admiral of the Fleet will retain their ranks and privileges for life. These ranks and privileges can only be revoked through a parliamentary process. Additionally, such officers will enjoy judicial immunity similar to the President. Upon completion of their command tenure, the federal government may assign them responsibilities in the national interest.

Federal Constitutional Court

The amendment proposes the establishment of a Federal Constitutional Court. Each province will have equal representation, and the President will appoint the Chief Justice and judges of the court. The court will have the authority to review its own decisions. Any law-related matter referred by the President will be sent to the Federal Constitutional Court.

The Judicial Commission will have the authority to transfer High Court judges. Judges refusing transfer will be considered retired.

Changes to the Supreme Court and Judicial Notices

The amendment removes Article 184 concerning suo motu notices and eliminates provisions allowing the Supreme Court to receive law-related matters. Judges of the Federal Constitutional Court will serve until the age of 68, while the Chief Justice of the court will retire after a three-year term. The President may appoint an acting Chief Justice from among the court’s judges.

All courts in Pakistan, including the Supreme Court, will be bound by decisions of the Federal Constitutional Court, with the exception of the Supreme Court itself. The Federal Constitutional Court may not transfer High Court cases without proper jurisdiction. Judges of the High Court or Supreme Court who refuse appointments to the Federal Constitutional Court will be deemed retired.

The first Chief Justice of the Federal Constitutional Court will be appointed by the President on the advice of the Prime Minister. The initial judges will be appointed by the President, with consultation from the Chief Justice of the Federal Constitutional Court, based on the Prime Minister’s advice.

Immunity for the President and Governors

The proposed amendment grants lifetime immunity from criminal proceedings for the President. Governors are similarly protected from criminal prosecution during their tenure. No court will have the authority to arrest or detain the President or a Governor.