Overview

• Syllabus focus: the latest constitutional amendments, important legislations, legal cases, and the evolving role of the higher judiciary — essentially Pakistan's constitutional/legal history from the 18th Amendment (2010) onward, with emphasis on 2022–2026 developments.
• For the deeper pre-2015 historical debates (doctrine of necessity, parliamentary vs presidential system, Islam and the constitution, 18th Amendment federalism reform), see Ch14. Constitutional Debate and Analysis of 18th Amendment.

Key Amendments Since 2015

• 21st Amendment (2015) — created military courts to try civilians in terrorism cases for a sunset period; upheld by the Supreme Court in the District Bar Association, Rawalpindi case despite basic-structure objections.
• 26th Amendment (October 2024) — the most consequential judicial-reform amendment since the 18th:
  • Restructured the Judicial Commission of Pakistan to include parliamentarians (2 Senators + 2 MNAs, treasury and opposition) alongside judges, formalizing a legislative/executive role in judicial appointments.
  • Chief Justice of Pakistan now chosen by the Prime Minister from the three most senior Supreme Court judges (on recommendation of a Special Parliamentary Committee), not automatically the senior-most judge; CJP tenure capped at three years.
  • Created dedicated Constitutional Benches in the Supreme Court and High Courts to hear constitutional matters, with members nominated by the Judicial Commission.
  • Curtailed suo motu jurisdiction — courts can no longer act beyond the contents of a filed application.
  • Introduced annual performance evaluation of High Court judges by the Judicial Commission.
  • Criticized by bar councils and rights bodies (e.g., ICJ) as weakening judicial independence by giving the executive/legislature more control over who becomes, and remains, a judge.
• 27th Amendment (November 2025) — went further still:
  • Abolished the Supreme Court's original constitutional jurisdiction, transferring constitutional and federal–provincial dispute cases to a new Federal Constitutional Court of Pakistan.
  • Abolished the post of Chairman, Joint Chiefs of Staff Committee; expanded the Chief of Army Staff's role into a unified Chief of Defence Forces, with lifetime rank, privileges and status for officers reaching Field Marshal/Marshal/Admiral of the Fleet rank.
  • Adjusted provincial cabinet-size and NFC-related provisions, and revisited federal-provincial responsibility for subjects such as education and population planning.
  • Criticized internationally (Chatham House, ConstitutionNet) as entrenching executive and military dominance over the judiciary and eroding the 18th Amendment's federalism gains; lawyers' bodies announced strikes in protest.
  • Exam note: treat the 26th and 27th Amendments as a connected pair — both reduce judicial autonomy while shifting power toward the executive/parliament (26th) and the military/executive (27th).

Important Legislations & Cases (2017–2026)

• Panama Papers case (2017) — disqualified PM Nawaz Sharif under Article 62(1)(f); entrenched judicial willingness to disqualify sitting executives.
• Faizabad Dharna case — Supreme Court held state institutions, including intelligence agencies, accountable for facilitating an unconstitutional sit-in; a touchstone for civil–military relations jurisprudence.
• Article 63-A interpretation case (2022) — Supreme Court ruled defecting lawmakers' votes on key measures (PM election, no-confidence, money/constitutional bills) could not be counted, tightening anti-defection law; later partly revisited by Parliament and the courts.
• Supreme Court (Practice and Procedure) Act, 2023 — curtailed the Chief Justice's unilateral suo motu and bench-forming powers, requiring a committee of senior judges — a precursor to the 26th Amendment's Constitutional Bench model.
• Justice Qazi Faez Isa reference case — a presidential reference against a sitting judge, widely seen as a test of judicial independence from executive pressure.

Role of Higher Courts

• Judicial review remains the core constitutional check on legislative and executive action, but its scope has narrowed under the 26th and 27th Amendments (loss of suo motu, loss of original constitutional jurisdiction to the new Federal Constitutional Court).
• Continuing tension between judicial independence and demands for judicial accountability (delayed justice, perceptions of past judicial overreach/activism).

Exam Angle

• A fast-moving, high-yield topic — state facts "as of the latest available information" rather than as a fixed final position, since further amendments or cases are likely before any given exam sitting.
• Common question: "Critically examine the impact of the 26th and 27th Constitutional Amendments on judicial independence in Pakistan."
• Balanced structure: state the official rationale (reducing delays, curbing judicial overreach, ensuring accountability) → weigh it against the criticism (executive/military capture of the judiciary) → close with a reform-oriented, evenhanded assessment.