27th amend rushed through Senate amid opp boycott | The Express Tribune

ISLAMABAD:

Amid a boycott by opposition lawmakers, the Senate on Monday passed the 27th Constitution (Amendment) Bill, 2025 with a two-thirds majority, securing 64 votes.

The bill aims to set up a federal constitutional court and grant permanent immunity to the president as well as lifetime status to the field marshal rank, amid criticism that the amendment will erode the judiciary’s independence.

Members of the Pakistan Tehreek-e-Insaf (PTI) staged a strong protest during the proceedings. They tore up copies of the bill and gathered in front of the chairman’s dais, chanting slogans against the government. Despite the commotion, voting continued and clause-by-clause approval was granted.

Minister for Law and Justice Azam Nazeer Tarar presented the bill to further amend the Constitution [The Constitution (Twenty-Seventh Amendment) Bill, 2025], as reported by the Standing Committee in the House.

The bill was passed through clause-by-clause voting, with Senate Chairman Syed Yousaf Raza Gilani reading out each amended clause for approval.

Earlier, clause-by-clause voting was carried out to pass 59 clauses, and later, voting by division was conducted, with the entry and exit gates of the Senate closed as per protocol. Bells were rung for two minutes.

Amendments were made in various articles, including 10, 17, 42, 105, 146, 152, 159, 168, 175, 176, 214, 239, 243, and 255, through the constitutional bill.

The bill comprised 59 clauses, all of which were approved by the Senate with a two-thirds majority (64 votes).

As per the new provisions, the Chief of Army Staff will assume the role of Chief of Defence Forces. The titles of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet will remain for life.

A Federal Constitutional Court will be established with equal provincial representation.

Meanwhile, the President and Prime Minister will play key roles in judicial appointments, while some powers of the Supreme Court will be transferred to the new court.

Similarly, the Judicial Commission will decide on the transfer of High Court judges, and any objections to such transfers will be reviewed by the Supreme Judicial Council.

The eligibility period for High Court judges for appointment to the Federal Constitutional Court has been reduced from seven to five years. The seniority of sitting Supreme Court judges appointed to the new court will remain intact, while seniority among new appointees from the Bar or High Courts will be determined by age.

The Judicial Commission of Pakistan (JCP) has been expanded to include, in addition to a woman or non-Muslim member, a technocrat nominated by the Speaker of the National Assembly, qualified to become a member of Parliament, ensuring broader merit-based representation.

The suo motu powers will now be exercised by the Federal Constitutional Court upon written application and after the court’s satisfaction that constitutional grounds exist for intervention, ensuring transparency and judicial restraint.

The amendment extends the stay order period in revenue and taxation cases from six months to one year. If a case remains undecided beyond that period, the stay will automatically stand vacated, enabling timely recovery of public revenue.

On the transfer of judges, the bill authorizes the Judicial Commission of Pakistan to process inter-court transfers. If a judge declines transfer without valid reason, the matter will be referred to the Supreme Judicial Council for a hearing before any decision is made.

The presidential immunity clause has been confined to the tenure of office only and will not apply if a former president assumes a public position after completing the term.

Moreover, Pakistan Tehreek-e-Insaf (PTI) Senator Saifullah Abro and Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Ahmed Khan also voted in favour of the bill.

Later, speaking in the House, Senator Saifullah Abro announced his resignation from the membership of the House. He said, “I voted only for Syed Gen Asim Munir.”

He said that the armed forces had made the nation proud by winning the war with India.

Standing committee

The report of Standing Committee on Law and Justice on a Bill further to amend the Constitution of the Islamic Republic of Pakistan [The Constitution (Twenty-seventh Amendment) Bill, 2025] was present in the Senate on Monday.

Chairman, Standing Committee on Law and Justice Farooq H Naek presented the report of the committee in House.

Presenting the report in House, Naek said that the report has been finalised after extensive deliberations by the committee members.

He said key recommendations were also incorporated to ensure judicial accountability, institutional balance, and equal representation of all provinces in the proposed Federal Constitutional Court.

He said that the committee thoroughly reviewed the draft bill clause-by-clause and suggested amendments regarding judicial appointments, the process of judges’ transfer through the Judicial Commission of Pakistan, the scope of suo motu powers, and the time limit for interim stay orders in revenue-related cases.

He informed the House that the committees held two full-day sittings in which members from all political parties and special invitees participated.

The deliberations are aimed to enhancing institutional balance, judicial accountability, and federal harmony in line with the principles of the Charter of Democracy (CoD) signed by Shaheed Mohtarma Benazir Bhutto and Mian Muhammad Nawaz Sharif.

He went on to say that the Federal Constitutional Court proposed in the bill would have equal representation from all provinces as well as the Islamabad High Court, ensuring inclusive participation of federating units in constitutional interpretation.

The eligibility criteria for appointment of judges were modified – the required experience of a High Court judge was reduced from seven to five years to broaden merit and inclusion, he said.

He said that the Judicial Commission of Pakistan, previously constituted under the 26th Amendment, would now include, in addition to a woman or non-Muslim member, a technocrat nominated by the Speaker of the National Assembly possessing qualifications equivalent to a member of Parliament.

Regarding the suo motu powers, Senator Naek said the committee retained the authority but added a judicial restraint mechanism – the Federal Constitutional Court could exercise Article 184(3) jurisdiction only upon a formal application and after satisfying itself that constitutional intervention was necessary in the public interest.

Explaining the transfer of judges, Farooq Naek said the earlier proposal that allowed the President to transfer judges between High Courts had been revised. Now, the Judicial Commission of Pakistan would recommend such transfers after consulting concerned Chief Justices and the judge involved. If a judge declined transfer, a reference would be filed before the Supreme Judicial Council to determine valid grounds instead of automatic retirement, thus preserving judicial dignity and due process, he said.

Regarding interim stay orders under Article 199, he said the committee amended the clause to address prolonged revenue cases. Now, if a stay order remained pending beyond one year without final adjudication, it would automatically stand vacated, enabling recovery of stuck revenue and expediting judicial efficiency.

Regarding presidential immunity, Naek said the original clause granting lifelong immunity to the President was revised. The committee decided that immunity would not apply if the former President holds any public office after leaving the presidency, though it would remain valid during the presidential term.

“These reforms,” he said, “are designed to maintain judicial independence with accountability, institutional balance, and the supremacy of Parliament while preserving constitutional harmony,” he said

Later, Naek thanked the members of both committees for their participation, particularly Chairman of the National Assembly Standing Committee on Law and Justice, Chaudhry Muhammad Bashir Virk, and appreciated the assistance of Minister for Law and Justice Azam Nazeer Tarar and his team for their support.