ISLAMABAD - The 27th Amendment Bill proposes some drastic changes to various provisions of the Constitution including the establishment of a separate Federal Constitutional Court to hear constitutional petitions and decide the questions of law.

Any ruling of the Federal Constitutional Court (FCC) will be binding on all other courts across Pakistan including the Supreme Court, according to the 27th Constitutional Amendment Bill introduced in the Senate on Saturday.

The newly proposed Article 175-B suggests the FCC shall consist of a Chief Justice and "so many other Judges as may be determined by Act of Majlis-e-Shoora (Parliament) or, until so determined, as may be fixed by the President".

The FCC may have an equal number of Judges from each province, the bill proposes.

An amendment in Article 175-A of the Constitution proposes that the President shall, on advice of the Prime Minister, appoint the first Chief Justice of the FCC from amongst the Judges of the Supreme Court (SC). The appointment of the first batch of Judges of the Constitutional Court, shall be made by the President, on advice of the Prime Minister in consultation with the Chief Justice of the FCC.

Another amendment suggests that the senior amongst the Chief Justice of the FCC and the Chief Justice of the SC shall be the Chairperson of the high-powered Judicial Commission of Pakistan. Their seniority shall be determined with reference to their dates of appointment as the Chief Justice of the FCC and the Chief Justice of the SC.

If any nominee declines to become the Chief Justice, either of the Constitutional Court or the SC, he shall, along with the Judge who is considered and not nominated be deemed to have been retired and the three next most senior Judges shall be considered and so on till the appointment of the Chief Justice of the FCC or the Chief Justice of the SC.

A new Article 175-I proposes that a Judge of the FCC shall hold office until he attains the age of sixty-eight years, unless he sooner resigns or is removed from office in accordance with the Constitution.

The term of office of the Chief Justice of the Constitutional Court shall be three years or unless he sooner resigns or attains the age of sixty-eight years or is removed from his office in accordance with the Constitution,

Through an amendment in Article 200, the President may transfer a Judge of a High Court, without his consent, from one High Court to another High Court on the recommendation of and on such terms and conditions as may be determined by the Judicial Commission of Pakistan (JCP). This transfer could only be made if Chief Justices of both High Courts shall also be members of the JCP.

The seniority of a Judge of a High Court transferred under this clause shall be reckoned from the date of his initial appointment as a Judge of the High Court.

A Judge of a High Court who does not accept a transfer under this Article shall be deemed to have retired from his office and, on such retirement, he shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.

An amendment in Article 206 says that a Judge of a High Court who does not accept appointment as a Judge of the FCC or the SC or a Judge of the Supreme Court who does not accept appointment as a Judge of the FCC shall be deemed to have retired from his office and, on retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.

An Amendment in Article 209 says that the senior amongst the Chief Justice of the FCC and the Chief Justice of the SC shall be the Chairperson of the Supreme Judicial Council. Their seniority shall be determined with reference to their dates of appointment as the Chief Justice of the FCC and the Chief Justice of the SC.

Amendments regarding the Armed Forces:

The 27th Constitutional Amendment Bill proposes creation of a new office of Chief of the Defense Forces, which will be held by the Chief of Army Staff by virtue of his position. The amendment proposes abolishing the office of the Chairman, Joint Chiefs of Staff Committee, with effect from the 27th of November.

An Amendment in Article 243 of the Constitution, which provides that the federal government shall have control and command of the armed forces, says that the President shall, on advice of the Prime Minister, appoint the Chief of the Army Staff (COAS) concurrently the Chief of the Defense Forces; the Chief of the Naval Staff; and the Chief of the Air Staff; and "shall also determine their salaries and allowances."

It says that "where the Federal Government promotes a member of the Armed Forces to the rank of Field Marshal, Marshal of the Air Force or Admiral of the Fleet, such officer shall retain the rank, privileges and remain in uniform for life."

Field Marshal, Marshal of the Air Force and Admiral of the Fleet, being national heroes, shall not be removed from office except on the ground or charges and in the manner as mentioned in Article 47, which provides conditions and procedure for the impeachment of the President through Parliament.

The PM shall, on the recommendation of the COAS concurrently the Chief of the Defense Forces, appoint the Commander of the National Strategic Command from the members of Pakistan Army and shall also determine his salaries and allowances.

Immunity for lifetime:

The provisions of Article 248 of the Constitution, which provide the President immunity from any criminal and civil proceedings, shall also apply to Field Marshal, Marshal of the Air Force and Admiral of the Fleet, for life.

Upon completion of the term of his command, the Federal Government shall determine the responsibilities and duties of Field Marshal, Marshal of the Air Force or Admiral of the Fleet in the interest of the State.

The President shall, on advice of the PM, determine the salaries, allowances and privileges for all three titles.

Another amendment in Article 248 proposes that no criminal proceedings whatsoever shall be initiated or continued against the President for his life and for a Governor during his term of office in any court.

"No process for arrest or imprisonment of the President for his life and for a Governor during his term of office, shall be issued from any court".

Size of provincial cabinets increased:

An amendment in Article 130 proposes an increase in the size of the provincial cabinet from 11 percent to 13 percent or not exceeding seventeen ministers, whichever of the two is higher, out of the total membership of the respective provincial assembly.

Previously, the chief minister was allowed to appoint not more than five advisors - a number that now has been proposed to be increased to seven in the bill.