Constitutional Amendments in 1973 Constitution

The amendment substituted 'three hundred and forty-two' with 'three hundred and thirty-six' in Article 51(1) [26]. This change occurred because FATA no longer existed as a separate entity with its own allocated seats [29]. The new total includes 266 general seats, 60 women seats, and 10 non-Muslim seats [30, 31].

The amendment reduced the Senate membership to ninety-six by omitting the 8 seats previously reserved for FATA [32]. Existing Senators from FATA were allowed to continue until the expiry of their respective terms [32]. This aligned the Senate's structure with the abolition of the separate FATA territory [24].

The Twenty-Fifth Amendment completely omitted Article 247 [25]. This article previously granted the President special powers for the administration of Tribal Areas [33]. Its removal signified the end of the separate legal status and the application of regular laws to the merged areas [27].

The amendment updated Article 106 to increase the total seats of the Khyber Pakhtunkhwa Assembly to 145 [34]. This new total explicitly included sixteen general seats for the formerly Federally Administered Tribal Areas [35]. Elections for these specific seats were mandated to be held within one year after the 2018 general elections [35].

The Twenty-Sixth Amendment inserted Article 9A, entitling every person to a clean, healthy, and sustainable environment [36, 37]. This was identified in the Statement of Objects and Reasons as a necessary response to Pakistan being severely affected by climate change [38]. It is considered a 'need of the hour' for the nation [38].

The amendment modified Article 38(f) to mandate the elimination of riba completely before the first day of January, two thousand twenty-eight [37]. This sets a firm timeline for moving the economy toward Islamic principles [36]. It is a significant step in the Islamic economic reforms of the country [36].

New provisos in Article 179 specify that the term of the Chief Justice of Pakistan shall be three years [39]. Regardless of the age of superannuation, once the CJP completes this term, they stand retired [40]. However, the term can be shorter if the CJP reaches the age of sixty-five earlier [39].

The amendment added a proviso to Article 184(3), stating that the Supreme Court shall not make an order or declaration on its own (suo motu) or in the nature of such beyond the contents of the application filed [41]. This was intended to structure the jurisdiction and prevent overreach [42].

The amendment empowered the Judicial Commission of Pakistan to conduct annual performance evaluations of High Court Judges [43]. If a Judge is found inefficient, the Commission grants a period for improvement; if inefficiency continues, a report is sent to the Supreme Judicial Council [43]. This aims to bring transparency and accountability to the judiciary [44].

A Special Parliamentary Committee now nominates the CJP from among the three most senior Judges of the Supreme Court [45]. The committee sends the name to the Prime Minister, who forwards it to the President [45]. This ensures a meaningful role for Parliament in the appointment process [44].

The Parliamentary Committee consists of twelve members [46]. This includes eight members from the National Assembly and four members from the Senate [46]. If the National Assembly is dissolved, the committee consists of Senate members only [46].

The amendment inserted Article 191A, establishing Constitutional Benches in the Supreme Court [41]. These benches, nominated by the Judicial Commission, have exclusive jurisdiction over original and advisory constitutional cases [47, 48]. They were created to address the huge backlog of pending cases [42].

Under the substituted Article 186A, the Supreme Court has the power to transfer any case, appeal, or proceeding from a High Court to any other High Court or to itself [40]. This action must be taken if the Court considers it expedient in the interest of justice [40]. This provides administrative flexibility to the highest court [36].

The amendment substituted Article 48(4) to clarify that the question of what advice was tendered to the President by the Cabinet or the Prime Minister shall not be inquired into by any court, tribunal, or other authority [37]. This protects the confidentiality of the executive's decision-making process [36].

The Federal Constitutional Court (FCC) has its permanent seat at Islamabad [49]. However, it may sit at other places as the Chief Justice of the FCC determines with the President's approval [50]. This court is central to the new judicial ecosystem established by the amendment [51].

Article 175E grants the FCC exclusive original jurisdiction in any dispute between two or more Governments (Federal and Provincial) [52]. In these matters, the court shall pronounce declaratory judgments only [52]. This power aims to strengthen the federation-province relationship [53].

According to Article 175I, a Judge of the Federal Constitutional Court shall hold office until they attain the age of sixty-eight years [54]. This is higher than the retirement age for the Supreme Court (65) or High Courts (62) [55, 56]. The Chief Justice of the FCC, however, holds office for a three-year term [54].

The amendment to Article 243 stipulates that the office of the Chairman, Joint Chiefs of Staff Committee shall stand abolished with effect from November 27, 2025 [57]. This is part of a major alteration of the military command structure [58]. Responsibilities are being transferred within the defense forces [27].

The Chief of the Army Staff will now concurrently be known as the 'Chief of the Defence Forces' [59]. This officer is appointed by the President on the advice of the Prime Minister [59]. This title reflects the concentration of military authority in this role [60].

New Article 243(6) states that the Prime Minister shall appoint the Commander of the National Strategic Command [57]. This appointment is made on the recommendation of the Chief of the Army Staff (Chief of the Defence Forces) [57]. The appointee must be a member of the Pakistan Army [57].