Opposition boycotts voting on constitutional amendment.
ANP, one senator each from PTI, JUI-F, vote in favour.
President to enjoy immunity until holding next public office.
The Senate passed the 27th Constitutional Amendment Bill on Monday, which aims to overhaul the military and judicial structures, amid the opposition’s walkout and protest — tearing their copies.
Law Minister Azam Nazeer Tarar presented the 59-clause Bill, which received the required 64 votes (two-thirds majority in the 96-member House). It will now be presented in the National Assembly for voting. No member voted against it — as the opposition opted to boycott.
Apart from the treasury members, the Awami National Party (ANP), Pakistan Tehreek-e-Insaf (PTI)-backed Saifullah Abro and Jamiat Ulema-e-Islam-Fazl’s (JUI-F) Ahmed Khan were among the senators who voted in favour of the amendment.
Interestingly, Abro did not partake in the protest as well and later, during his speech, also announced his resignation as a senator.
Highlights of new amendment
Chief of Army Staff to assume role as Chief of Defence Forces
Field Marshal, Marshal of Air Force, Admiral of Fleet titles to remain for life
Federal Constitutional Court to be established
Equal provincial representation approved in Federal Constitutional Court
FCC empowered to take suo motu notice upon petitions
Islamabad High Court to have one judge on FCC bench
President and prime minister to play a key role in judicial appointments
Supreme Court powers to be reduced, with some authorities shifted to the new court
Presidential immunity limited if president assumes any public office after tenure
Judges must serve five years in high court for eligibility of Constitutional Court
Judicial Commission to decide transfer of high court judges
Objections on transfers to be reviewed by Supreme Judicial Council
Deputy Prime Minister and Foreign Minister Ishaq Dar congratulated the House on the passage of the historic bill in the Senate. He recalled that former prime ministers Nawaz Sharif and Benazir Bhutto had signed the Charter of Democracy, which was also endorsed by all political parties.
FM Dar noted that the establishment of a constitutional court had also been agreed upon in that charter.
Dar said Pakistan achieved a historic victory in the recent war with India. He highlighted that another major amendment pertained to Article 243. “The nation has declared Army Chief Asim Munir a hero following the war with India,” he said. Dar also clarified that the title of Field Marshal had not previously existed in the Constitution.
The foreign minister assured the House that the seniority of the incumbent chief justice, along with all other judges, would remain intact. He added that, as promised, the government had first presented the Bill in the Senate. Dar concluded that the constitutional amendments were aimed at improving the judicial system.
The deputy prime minister further recalled that during the 18th Amendment, two names — Hazara Pakhtunkhwa and Khyber Pakhtunkhwa — were proposed, and after consultation with the ANP, the province was named Khyber Pakhtunkhwa.
What was reason for Bill?
Detailing the purpose of the legislation in the text of the Bill — which was tabled in the Senate last week and went through a joint committee’s scrutiny over the weekend — Tarar mentioned that the amendment came following proposals from political parties and various bar councils for the establishment of a Federal Constitutional Court (FCC).
“The proposal stems from the increasing number of constitutional petitions being filed before the Supreme Court, which has significantly impacted the timely disposal of regular civil and criminal cases,” he said.
The law minister emphasised that the creation of the FCC was aimed at ensuring “specialised adjudication of constitutional matters”, and allowing the Supreme Court to focus on its “appellate jurisdiction and reduce pendency”.
He said that the proposed FCC would comprise judges with expertise in constitutional law.
The amendments to Article 243 were incorporated to improve the procedural clarity and administrative structure of the armed forces, he said, noting that certain consequential amendments were also required to be made in the Constitution.
Report presented
Earlier, Pakistan Peoples Party (PPP) Senator Farooq H Naek presented a report of the joint parliamentary committee on the 27th Amendment bill in the Senate, with some tweaks made to the draft approved by the federal cabinet.
During the Senate session, the senior legislator mentioned that the report also includes the Bill. He stated that the committee had made several amendments to the draft. “Some changes have been made in the text,” Naek said.
Last week, the federal government presented a bill of the 27th Constitutional Amendment to the Senate amid a strong protest by the opposition parties.
Following the presentation of the Bill in the House, it was forwarded to the joint committee on law — comprising members from the Senate and National Assembly — which further deliberated on the Bill; however, the opposition parties boycotted the session.
In his speech in the House, Naek explained that the constitutional amendment aims to establish a Constitutional Court. “The committee unanimously approved the creation of the Constitutional Court but introduced certain amendments,” he added.
Naek said that the constitutional amendments encompass courts from all provinces, while the High Court will also have representation in the Constitutional Court. “A High Court judge will be nominated for the Constitutional Court, and the committee has recommended that the eligibility period be reduced from seven years to five,” he noted.
He further stated that previously, the Supreme Court had the power to take suo motu notice. “It has now been proposed that the Constitutional Court will only act on a suo motu case when an application is filed for it,” he said.
Naek also informed the Senate that the transfer of a judge from one High Court to another will be carried out through the Judicial Commission of Pakistan.
“If a judge refuses the transfer, a reference will be filed with the Supreme Judicial Council,” he added, noting that the judge will be given an opportunity to explain the reasons for refusal.
Naek further said that presidential immunity would not be applicable when the president holds a public office.
For his part, ANP Senator Aimal Wali Khan emphasised that having a majority comes with great responsibility. He questioned whether the sacred document was being stripped of its spirit, warning that if the majority begins to weaken the foundations of the Constitution, democracy would cease to exist.
Meanwhile, Defence Minister Khawaja Muhammad Asif expressed confidence that the government had the required numbers in the upper house to pass the 27th Constitutional Amendment Bill.
Speaking to the media outside the Parliament, the minister said that voting on the bill required the presence of members in the House. “God willing, the 27th Amendment will be passed by the Senate today,” he added.
MQM-P seeks tangible results
MQM-P Senator Faisal Subzwari said that the reforms and constitutional amendments being introduced should yield tangible results. He added that since the “name of the Supreme Court was being changed, it should also bring positive outcomes”.
Subzwari said that last year, the MQM-P had submitted a constitutional amendment in the National Assembly. He emphasised the need for a system where, whenever issues arise, people have access to equal opportunities.
“We were bringing forward the same amendment,” he said, adding that certain clarifications were required in the 26th Constitutional Amendment, which is why the 27th Amendment had been introduced.
He clarified that the amendment did not, in any way, intend to take away powers from the chief minister. Subzwari pointed out that there had been no Provincial Finance Commission since 2007.
“We have all, at some point, gone through such times,” the senator remarked, adding that when people extend beyond their given space, it allows others who follow to find their moment.
He noted that the report mentioned various posts being assigned to members of the armed forces, saying that the aim was to enhance the dignity and prestige of Pakistan’s military following the amendment.
“There is also tension on our western border,” Subzwari said, underscoring that the armed forces must receive all possible support.
The MQM-P senator said it was important to assess what changes these amendments would bring and how they would benefit ordinary citizens. “We must see what benefits this amendment brings us,” he said, expressing gratitude to the prime minister, the law minister, and Naek for advocating their case.
Opposition vows to block 27th Amendment bill
The opposition parties in the Senate vowed to resist the government’s efforts to pass the 27th Constitutional Amendment Bill and announced staging a strong protest during today’s session.
Talking to the media following a meeting of the opposition’s parliamentary group, PTI Senator Ali Zafar said that the opposition would make every effort to ensure the government fails to pass the amendment today.
He said the opposition had been opposing the bill ever since PPP Chairman Bilawal Bhutto-Zardari tweeted about it.
“We will protest strongly,” Zafar asserted, adding that the opposition would see whether the government truly had the numbers to pass the bill in the upper house.
While commenting on the controversial provision in the proposed 27th Amendment that grants immunity to certain officeholders, Zafar said the opposition firmly rejected the clause.
“We are against any form of exemption… whoever commits a crime, be it the president or a governor, must face punishment. No one should escape accountability simply because of their position,” he added.
“If someone has committed a crime, they should be punished. That is both an Islamic principle and the command of religion,” Zafar continued.
A meeting of the Tehreek Tahafuz Ayeen-e-Pakistan (TTAP) was held under the chairmanship of Mahmood Khan Achakzai to discuss the approval of the proposed 27th Constitutional Amendment.
According to a statement issued after the meeting, participants included Raja Nasir Abbas, Hamid Khan, Noorul Haq Qadri, Humayun Mohmand, and other top leaders. The statement declared that the 27th Constitutional Amendment was against the spirit of the Constitution of Pakistan.
It further stated that members of the movement would not participate in any voting or polling process, adding that taking part in an unconstitutional act would be tantamount to defying the supremacy of the Constitution. The opposition also announced that it would not participate in the voting process on the 27th Amendment.
The statement said the proposed amendment violated the basic structure of the Constitution, the parliamentary balance, and federal principles. It added that Parliament was not authorised to make any unilateral constitutional amendment, and that the 27th Amendment lacked broad national consensus.
The movement declared the amendment unconstitutional, undemocratic, and ineffective, adding that protests would continue through constitutional, legal, and democratic means.