Senate approves 27th Constitutional Amendment amid opposition uproar | The Express Tribune

Senate approves 27th Constitutional Amendment amid opposition uproar | The Express Tribune

The Senate has passed the 27th Constitutional Amendment Bill, 2025, with a two-thirds majority. In the Senate, 64 members voted in favour of the amendment, while no votes were cast against it. Farooq Hamid Naek, Chairman of the Senate Standing Committee on Law and Justice, on Monday presented a report on the 27th Constitutional Amendment…

The Senate has passed the 27th Constitutional Amendment Bill, 2025, with a two-thirds majority. In the Senate, 64 members voted in favour of the amendment, while no votes were cast against it.

Farooq Hamid Naek, Chairman of the Senate Standing Committee on Law and Justice, on Monday presented a report on the 27th Constitutional Amendment before the upper house of parliament.

A joint meeting of the Senate and the National Assembly’s law and justice standing committees had approved the amendment bill with minor tweaks, amid an opposition boycott yesterday. Naek briefed the House on the deliberations regarding the 27th Constitutional Amendment, saying the joint committee session included all members and special invitees who proposed certain amendments.

Naek tabled the report in the Senate today, with Chairman Syed Yousaf Raza Gilani presiding over the proceedings.

“The opposition should also be called for these discussions,” he added. “The deliberations went on for two full days, often extending into the evening. The bill, as presented to the Senate by the committee, has undergone numerous changes”.

Opposition members from the Pakistan Tehreek-e-Insaf (PTI) staged strong protests in the chamber, tearing up copies of the bill and chanting slogans in front of the chairman’s dais.

Senator Hamid Khan told reporters that PTI and JUI senators had boycotted the session, claiming establishment pressure had influenced some lawmakers to side with the government.

Federal Constitutional Court (FCC)
The original bill proposed establishing the FCC in place of the existing Constitutional Bench (CB). The committee revised this to ensure equal representation for all provinces, with the Islamabad High Court also having a representative.

High Court Judge eligibility
The bill initially required judges appointed to the Constitutional Court to have served at least seven years in a High Court. The committee reduced this requirement to five years.

Seniority of Judges
For sitting Supreme Court judges appointed to the FCC, seniority will remain as it currently exists. For new appointments from High Courts, seniority will be counted from the day they assume office. If multiple judges take office on the same day, seniority will be determined by age.

Judicial Commission Representation
The committee retained representation for women and non-Muslims in the Judicial Commission and added representation for technocrats. If the Speaker nominates a member, priority can be given to a woman, non-Muslim, or technocrat.

Suo Motu powers
The FCC will have the authority to approve the Supreme Court’s suo motu powers if deemed appropriate.

Article 199 – Revenue matters
To address backlog issues, the committee introduced a six-month limit on interim stay orders in tax cases. If a case is not concluded within one year, the stay order will be vacated.

Transfer of Judges
Previously, transfers of High Court judges required the President’s approval with the consent of the Chief Justices of the courts involved. Under the revised proposal, transfers will be managed by the Judicial Commission of Pakistan, including input from parliamentarians, civil society, and the Pakistan Bar Council. Judges will be given an opportunity for a hearing before transfers are finalized.

Presidential Immunity
The bill originally proposed lifetime immunity for the President. Currently, the President has immunity only during their term. The committee has now approved lifetime immunity against criminal proceedings, with a caveat: the immunity will not apply if the individual holds public office after elections. However, it will be restored once they leave office.

Speaking during the Senate debate, Muttahida Qaumi Movement (MQM) parliamentary leader Faisal Ali Subzwari said the 27th Constitutional Amendment addressed crucial national issues, particularly the reforms under Article 243.

He said Pakistan had faced numerous challenges and, despite being a nuclear power, continued to confront threats due to short-sighted policies and indecisiveness. “We must once and for all acknowledge the difference between the Afghan Taliban and terrorism,” he said, adding that the nation should stand united in support of its armed forces.

Referring to the judicial reforms in the amendment, Subzwari questioned whether previous courts had benefited the common man. “Our concern is not about political gain, but about strengthening Pakistan and ensuring justice,” he said.

He also discussed the importance of empowering local governments, citing Article 140-A and related provisions. “We are grateful to the law minister, the mayor of Karachi, and the chief minister of Balochistan for taking this issue seriously,” he said.

Subzwari clarified that MQM’s stance on local governments was often misunderstood. “We are not rolling back the 18th Amendment — in fact, we are protecting it,” he said. “The rights of provinces must reach the people directly. This is not about taking power away from chief ministers or governors; it’s about strengthening democracy.”

He further noted that while the National Finance Commission (NFC) Award allocated 42.5 percent to the provinces, local governments had not received corresponding fiscal authority. “Every year, taxes increase. War is expensive, and funding it requires money. One percent for war efforts is being proposed — but will provinces contribute?” he asked.

Subzwari highlighted that despite the Sindh Revenue Board’s collections increasing from Rs11 billion in 2009 to Rs300 billion this year, the Provincial Finance Commission had not been implemented. “We are not demanding a reduction in the NFC share, but we do want a certain percentage guaranteed for the federal level,” he added.

He also expressed concern that mayors and local representatives were not receiving their due funds. “Each province must hold local government elections and grant them administrative, political, and fiscal authority. The law clearly requires this,” he said.

Concluding his remarks, Subzwari said the MQM’s proposals aimed at constitutional protection for local governments and ensuring true decentralisation. “I am hopeful that the 27th Amendment, which we have worked hard on, will move forward with consensus among all political parties,” he said.

During the session, Chief Minister of Balochistan and the Mayor of Karachi were present in the visitors’ gallery.

Senator Rubina Khalid of the Pakistan Peoples Party (PPP) said that her party had faced the harshest criticism regarding the 27th Constitutional Amendment, but emphasized that the legislative process was an evolving one that required amendments and improvements over time.

“This law, like all others, is part of an evolutionary process — it needs to be reformed from time to time,” she said. “People often forget that Zulfiqar Ali Bhutto was a victim of judicial murder. Did we get justice? Yes — but it took until 2024. Despite that, we remained patient.”

She said the PPP would always stand by anyone who works to uphold the rule of law. “We must remember that Pakistan is our identity,” she added. “I urge the opposition — let’s talk about Pakistan. We all love our leaders, but when we speak for Pakistan, we should all speak the same language.”

Senator Khalid stressed the importance of judicial reforms, saying that all political parties had suffered from judicial overreach at some point. “Judicial activism has hurt us all. We were all victims of unnecessary suo motu notices. We must learn from that,” she said.

Turning her focus to public welfare, she criticised the political discourse for ignoring the real problems of ordinary citizens. “People are struggling, yet no one talks about their issues. The poor continue to suffer,” she said. “Even during the recent floods — the worst devastation was in Khyber Pakhtunkhwa — but I never heard anyone speak about it. I saw it myself; the destruction was unprecedented.”

Welcoming the amendment, particularly the sections related to judicial reforms, Senator Khalid said the proposed changes would strengthen the system and the state. “We always talk about the rights of the people, but we must also talk about the rights of the state. We keep asking the state to give us everything, but what do we give back? Citizens also have duties — the state is like our mother,” she said.

Speaking after her, Maulana Atta Ur Rehman recalled the vision of Pakistan’s founder, Muhammad Ali Jinnah. “We were told that this is a free country — where there are no Muslims or Christians, only Pakistanis,” he said. “But today, we see that the same free country has drifted far from that vision.”

Initial draft of 27th Amendment

Article 248 – Presidential Immunity

  • A new clause grants the President lifetime legal immunity.
  • Phrase “Notwithstanding any judgment of any court” to be inserted before the word “President” in clause (1).
  • Clause (2) revised: No criminal proceedings shall be initiated or continued against the President for life, and against a Governor during their term.

Article 243 – Defence structure & appointments

  • President, acting on the Prime Minister’s advice, to appoint:

Chief of the Army Staff, concurrently Chief of the Defence Forces
Chiefs of the Navy and Air Staff
President to determine their salaries and allowances.

  • Office of the Chairman Joint Chiefs of Staff Committee to be abolished from November 27, 2025.
  • Strategic military authority to be concentrated under the Chief of the Defence Forces.
  • Prime Minister, on the recommendation of the Chief of the Defence Forces, to appoint the Commander of the National Strategic Command.
  • Officers granted constitutional protection; can only be removed through Article 47 procedure.
  • Presidential immunity under Article 248 extended to these officers.
  • Federal government is to define its responsibilities, while the President (on PM’s advice) sets salaries and privileges.

Article 200 – Transfer of High Court Judges

  • President empowered to transfer High Court judges between provinces on Judicial Commission’s recommendation. Commission to include the Chief Justices of both relevant High Courts.
  • Transferred judge’s seniority counts from initial appointment date.
  • No transfer may make a judge senior to the Chief Justice of the transferee High Court.
  • A judge refusing transfer shall be deemed retired.

Federal Constitutional Courts (New Chapter – Part VII)

  • Establishes Federal Constitutional Court (FCC) with:

Chief Justice and judges determined by Parliament (or temporarily by the President)
Equal representation from each province

  • FCC to have original jurisdiction in:

Constitutional disputes between governments
Fundamental rights enforcement cases

  • Pending petitions or appeals in the Supreme Court or its constitutional benches under this jurisdiction to be transferred to FCC.
  • Judges’ tenure: until age 68
  • Chief Justice: 3-year term, retires after completion regardless of age

Article 175A – Judicial Commission & Supreme Court Changes

  • Expands Judicial Commission of Pakistan (JCP) composition to include:

Chief Justice of the FCC
Chief Justice of the Supreme Court
Senior judges of both courts
One additional judge jointly nominated by both chief justices

  • Senior of the two chief justices to chair the Commission.
  • Abolishes suo motu powers and deletes Articles 184, 186, and 191A.
  • Removes the President’s authority to refer legal questions to the Supreme Court for advisory opinions.

Earlier, a debate on the amendment was underway in the absence of House Chairperson Syed Yousaf Raza Gilani. The final draft of the amendment had been completed following last-minute negotiations between the government and the Pakistan Peoples Party (PPP), Federal Law Minister Azam Nazeer Tarar confirmed.

“Some changes were made, and they have been incorporated,” Tarar said, adding that the draft has now been sent for printing.

The announcement comes after hours of deliberations between party delegations, aimed at reaching a consensus on key provisions of the amendment.

Despite an apparent deadlock between the two major political parties and criticism from the opposition, the government is optimistic that the Amendment will pass. “The situation is tight, but we will manage to secure the required numbers. Voting will begin as soon as all members are present,” said Federal Law Minister Azam Tarar.

To pass a constitutional amendment in the Senate, a two-thirds majority is required, meaning 64 out of 96 senators must vote in favour.

The ruling alliance currently holds 63 of the 96 Senate seats. Senator Irfan Siddiqui is undergoing treatment in the hospital, and Senate Chairman Yousaf Raza Gillani is also unable to cast his vote, complicating the government’s efforts. To secure approval, the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP) are coordinating efforts to win support from National Party senators.

et shayan1762771349 0

Design credit: Ibrahim Yahya

Within the coalition, the PML-N holds 20 seats, the PPP 26, while the Balochistan Awami Party (BAP) has four, the Muttahida Qaumi Movement (MQM) three, and one each from the National Party and Pakistan Muslim League-Quaid (PML-Q).

Independent senators aligned with the government—Abdul Karim, Abdul Qadir, Mohsin Naqvi, Anwar-ul-Haq Kakar, Asad Qasim, and Faisal Vawda—are also expected to support the amendment. On the opposition side, independent Senator Naseema Ehsan and three Awami National Party (ANP) senators have pledged their votes.

Read: PM, senators feast on halwa after finalizing 27th Amendment

Once passed in the Senate, the amendment will move to the National Assembly, scheduled to meet at 4:30pm. With 326 sitting members out of 336, the ruling coalition already commands 237 votes, surpassing the 224 needed for constitutional amendments. The PML-N leads with 125 members, followed by the PPP with 74, MQM-P 22, PML-Q five, Istehkam-i-Pakistan Party four, and one each from PML-Z, BAP, and the National Party, along with four independents.

The opposition has criticised the amendment. On Sunday, the Tehreek Tahafuz Ayeen-e-Pakistan (TTAP) denounced it as an “assault on the Constitution” and “Pakistan’s 9/11,” announcing a nationwide protest campaign. The alliance plans to mobilise public opinion, engage trade organisations, and consult legal professionals, warning, “The judicial system is being dismantled. Lawyers will play a key role in this movement”.

Senate live session