by Naveed Safdar
Pakistan stands at a constitutional crossroads. Over the past two decades, a series of well-intentioned reforms—most notably the 18th Amendment—sought to democratize governance, devolve power, and strengthen provincial autonomy. Yet, in practice, these reforms have inadvertently fragmented the state’s machinery, slowed decision-making, and eroded institutional coherence.
The proposed 27th Constitutional Amendment offers a corrective path: not by reversing devolution, but by restoring balance, clarity, and functionality across key domains of governance, justice, finance, and national security. At its core, the amendment is a response to real, measurable dysfunction. It seeks not to centralize power, but to harmonize it—ensuring that the federation can act decisively, provinces can perform effectively, and citizens can trust the institutions that serve them. Salient features of the proposed 27th Constitutional amendment are as follows.
Reclaiming Judicial Focus: Constitutional Courts and Judicial Rotation
Pakistan’s judiciary is overwhelmed. With over 2.2 million cases pending, the Supreme Court spends much of its time on routine appeals rather than constitutional interpretation. High Courts are similarly burdened by administrative petitions under Articles 199 and 184(3), many of which fall outside their intended scope. The 27th Constitutional Amendment proposes the creation of dedicated Constitutional Courts—modeled after Germany, South Africa, and Italy—to handle constitutional and human rights matters exclusively. This would allow the Supreme Court to refocus on its core mandate: interpreting the Constitution and ensuring uniformity in law.
Equally vital is the rotation and transfer of judges. Long tenures in one district risk local capture, where informal ties compromise impartiality. Transparent, merit-based transfers—akin to France’s Judicial Service Councils—would disrupt entrenched interests, balance workloads, and foster judicial maturity.
Restoring Local Order: Executive Magistrates and Swift Justice
Since the abolition of Executive Magistrates in 2001, Pakistan’s courts have been clogged with minor offenses—traffic violations, petty disputes, and preventive cases that once fell under district administration. The result: paralysis in the justice system and delayed resolution of serious crimes. The amendment proposes reinstating Executive Magistrates under sections 107–145 of the Criminal Procedure Code, enabling district administrations to manage minor cases summarily. This would restore a critical layer of local order, prevent the escalation of small conflicts, and free courts for major trials. Systems in the UK and France offer successful precedents for such localized justice.
Depoliticizing Democracy: Reforming the Election Commission
The Election Commission of Pakistan (ECP) has long been hostage to political deadlock. Under the current system, appointments require consensus between the prime minister and the opposition leader—a formula that often leads to prolonged vacancies and delayed elections. The 27th Constitutional Amendment seeks to depoliticize the ECP by introducing a merit-based, consensus-driven appointment process. A strong, impartial ECP is essential for credible elections, peaceful transitions, and democratic stability.
Re-centering Education: A Federal Role for National Unity
Education is the soul of a nation. Yet post-18th Amendment devolution has fractured Pakistan’s education system, especially in higher education. Provinces now operate separate curricula, exams, and teacher standards—leading to unequal quality and divergent narratives. The amendment proposes re-establishing a federal role in education policy. A standardized national curriculum, uniform teacher qualifications, and equal learning opportunities would promote cohesion, reduce duplication, and ensure that every child studies the same Pakistan—regardless of province.
Fixing the Fiscal Equation: Reforming the NFC Award
The National Finance Commission (NFC) Award, while empowering provinces, has created fiscal distortions. Over 57% of federal revenues now go to provinces, leaving the federation with limited fiscal space amid rising debt and defense obligations. The amendment aims to recalibrate this balance. By revisiting the population-based formula and aligning resource distribution with national priorities, it would promote fiscal responsibility and enable the federation to invest in infrastructure, security, and development.
Confronting the Demographic Challenge: Federal Oversight of Population Growth
Pakistan adds nearly five million people annually—a silent emergency that strains education, healthcare, and employment. Since population welfare became a provincial subject, policies have fragmented, and data remains inconsistent. The amendment proposes returning population oversight to the federation. A national demographic dashboard, standardized benchmarks, and coordinated family planning goals would align population policy with development and sustainability targets.
Securing the Nation: Institutional Jointness in the Armed Forces
Modern warfare is no longer confined to land, sea, or air. It is fought across domains—cyber, space, information—where speed, synergy, and systems integration determine victory. Pakistan’s recent crises revealed effective but adhoc coordination across military, diplomatic, and informational instruments. This success, however, was personality-driven—not institutionalized. The 27th Constitutional Amendment calls for permanent jointness: integrating armed services, intelligence, diplomacy, and civil governance into a seamless national defence framework. In an era of hybrid threats and compressed decision cycles, institutional coherence is not optional—it is existential.
Conclusion: A Smarter, Stronger State
The 27th Constitutional Amendment is not a rollback of provincial rights. It is a blueprint for restoring functional balance where fragmentation has crippled performance. Each reform—be it judicial specialization, electoral integrity, educational cohesion, or national security—addresses a specific dysfunction with clarity and purpose. Pakistan must evolve to meet the complexities of the 21st century. The 27th Constitutional Amendment offers a path toward a coherent, capable, and coordinated state—one that delivers justice, equity, and order for all its citizens.
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