Senate passes 27th Constitutional Amendment again, clause-by-clause voting begins | The Express Tribune

President Asif Ali Zardari has signed the 27th Constitutional Amendment Bill, which had already been approved by both houses of Parliament. With this signature, the bill has now become part of the Constitution.

The Senate approved the 27th Constitutional Amendment bill after a second round of voting on Thursday, despite protests from the opposition. The clauses of the amendment had already been approved with a two-thirds majority.

The bill, previously passed by the National Assembly on Wednesday, comprises 56 clauses and was presented in the Senate in the same form. JUI-F members remained present in the House, while defected senators Saifullah Abro and Ahmad Khan from PTI and JUI-F joined the session to cast their votes.

Senate Chairman directed members voting in favour to move to the right side of the House and those opposing to the left side lobby. He also ordered the bells to be rung to seal the lobby doors, which were subsequently closed.

After Senate approval, the 27th Constitutional Amendment bill will be sent to the President. The Ministry of Parliamentary Affairs will forward the bill, and after the President’s assent, the Ministry of Law will issue a gazette notification.

The 27th Constitutional Amendment

Article 199 & 200

• The President has the power to transfer High Court judges between provinces on the Judicial Commission’s recommendation

Article 248

• A new clause grants the President lifetime legal immunity
• If the President is elected back into office, immunity will be waived for the duration of their time in public office

Article 243

• 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.
• Officers granted constitutional protection can only be removed through the Article 47 procedure.
• Presidential immunity under Article 248 extended to these officers.

Federal Constitutional Courts (New Chapter – Part VII)

• FCC to have original jurisdiction in Constitutional disputes between the government and fundamental rights enforcement cases
• Pending petitions or appeals in the Supreme Court or its constitutional benches under this jurisdiction are to be transferred to FCC.
• Abolishes suo motu powers of SC and deletes Articles 184, 186, and 191A.
• Justice Yahya Afridi will continue as the Chief Justice of Pakistan.
• “Pakistan” will be removed from the Supreme Court .

Article 6

• Any act of treason mentioned in sub-clause one or two shall not be validated by any court, including the Federal Constitutional Court, the Supreme Court, or the High Courts.

Senate session

Questions over Senator Saifullah Abro’s resignation were raised with Pakistan Tehreek-e-Insaf’s Senator Ali Zafar, who stated that, according to Article 63A, Abro has been disqualified from the party due to voting against party policy in the Senate vote on the 27th Amendment on Monday.

He criticised the 27th Constitutional Amendment, calling it “born of deceit and lies” and claiming it lacked public support. He also expressed concern over the hasty establishment of the Federal Constitutional Court, saying it was motivated by fear of a jailed political figure.

JUI-F’s Kamran Murtaza also stated that JUI-F’s senator who voted against the party policy will also, under Article 63A has be disqualified from the party. “The bill that is coming, and we will vote against it, and take notice of this, this is our party leaders’ decision”.

Law Minister Azam Nazeer Tarar, however, argued that, “They would know the constitution more than me. According to 63A, it’s not that the minute he casts his vote, he gets disqualified; the party head can send a reference against you. We should not political point scoring like this. You are de-seating him. This goes to the election commission, where there is a hearing and the individual is allowed a right of appeal”.

Tarar explained the procedures for members voting against party directives. He outlined that a party head can refer a member to the Election Commission if they vote contrary to party instructions, including on budget amendments.

The member’s defence is heard before a de-seating notice is issued. Members retain the right to decide whether to vote or abstain, and appeals against disqualification can be filed directly in the Supreme Court.

He also noted that resignations must be submitted in writing, as there is no formal record for resignations tendered on the House floor. Tarar cited the example of Pakistan Tehreek-e-Insaf (PTI), which filed a writ petition in the Lahore High Court over resignations, resulting in members receiving ten months’ salaries following a court order. The National Assembly Speaker has since appealed the decision.

Senator Ali Zafar argued that votes from two members who had resigned or been disqualified should not be counted, warning that including them could lead to a challenge of the entire process.

Senator Kamran Murtaza said that if a member has been removed from a party, invoking Article 63A is justified, noting that party heads have the authority to direct members on votes. He stressed that the party’s position should be followed on the upcoming bill.

Law Minister Tarar clarified that, under Article 63A, members are not automatically disqualified upon casting a vote. A party head may send a reference to the Election Commission, which holds a hearing, and members have the right to appeal. Tarar added that resignations must be submitted in writing before they can be acted upon, citing past PTI petitions challenging resignations on procedural grounds.

Chairperson of the Senate, Yousaf Raza Gillani, joined in the debate, stating, “I have not received any such resignation; I should’ve gotten it or the Election Commission”.

Further Amendments

The amendment includes the removal of changes previously made to Article 255, Article 214, and Clause 2 of Article 168, as well as the deletion of the amendment to Article 42. The Senate had earlier approved these four amendments in the original 27th Constitutional Amendment, but they were later removed through additional changes by the National Assembly.

The National Assembly also approved new amendments to Clause 2A of Article 6 and Clause 2A of Article 10, along with additional changes to Articles 176 and 260. The amendments also clarify the position of the Chief Justice of Pakistan and include the Federal Constitutional Court in Clause 2A of Article 6.

He further said that the amendment confirms that Justice Yahya Afridi will continue as the Chief Justice of Pakistan. Minor revisions have also been made to Article 6, which now includes a reference to a constitutional court.

Changes to Article 6 clause 2A, which pertains to treason. The name of the Federal Constitutional Court will also be included alongside the Supreme Court in Article 6 Clause 2A.

According to the proposed amendment, any act of treason mentioned in sub-clause one or two shall not be validated by any court, including the Federal Constitutional Court, the Supreme Court, or the High Courts.

In total, eight additional amendments were made in the National Assembly and will now be sent to the Senate for approval.

Deliberation over Senator Abro’s resignation

Asked about the voting position on the amendment bill in the Senate, Senator Ali Zafar told the media that Senator Saifullah Abro had submitted his resignation, so he cannot vote.

He criticised the bill, saying: “It is unfortunate that the bill passed in the Senate contained errors, and today it has had to be withdrawn. This raises questions over the Senate. We will see today who they bring in to vote”.

Read: 27th Constitution Amendment Bill sails through National Assembly with two-thirds majority

However, Chairperson of the Senate Yousaf Raza Gillani has stated that the Senate has already approved the 27th Constitutional Amendment. “The opposition has been given the improvements it wanted in the 27th Amendment,” he added.

He confirmed that Saifullah Abro’s written resignation has not been accepted. “The resignation of Saifullah Abro, if it reaches me, I may call him in. It is possible I might persuade him not to submit it,” the Senate Chairman said.

Despite Abro’s resignation being tendered in Parliament, the Senate Secretariat has not initiated formal proceedings, and the chairman has refrained from verifying or forwarding the matter for further action. As a result, a reference under Article 63-A, which deals with disqualification on grounds of defection, has also not been sent.

Senator Abro, who had defected from the PTI after voting in favour of the 27th Constitutional Amendment, had submitted his resignation to the upper house earlier.

Opposition protest

The opposition alliance has announced a nationwide political movement from Friday against the 27th Constitutional Amendment, vowing to restore the powers of the judiciary and the office of the chief justice that they claim have been curtailed by the amendment.

“The office of the chief justice has been abolished — we will restore it,” Barrister Gohar declared. “We will restore the dignity and powers of the judiciary,” he added, arguing that while judicial reforms may be necessary, the government’s current approach toward the judges was “unacceptable.”

Flanked by Barrister Gohar, Mahmood Khan Achakzai announced that the opposition’s protest campaign would begin on Friday. He stressed that the movement would remain peaceful and that it aimed to restore the people’s mandate, which he said had been “stolen.”

Achakzai said the campaign would combine domestic demonstrations with diplomatic outreach. “We will protest and we will not even throw a stone,” he vowed. “We will also write to foreign envoys, urging them to reconsider or rescind any agreements made with the current government.”

After the 27th constitutional amendment, sources revealed to The Express Tribune that judges are deliberating whether to tender their resignation.

It is learnt that two Supreme Court judges are seriously considering the option of resigning from their offices. On the other hand, some judges are urging them to fight for the independence of the institution within the system.

Read more: Senate approves 27th Amendment with two-thirds majority

Meanwhile, a lawyers’ convention of the Karachi Bar has strongly condemned the passing of the 27th Amendment and termed it a betrayal of the oath of parliamentarians to defend and preserve the Constitution. The amendment demolishes one of the three constitutional pillars of the state, namely the judiciary, and replaces the Supreme Court with a crony Federal Court handpicked by the prime minister

. “We further condemn the failure of Chief Justice Yahya Afridi and those members of the Supreme Court (in particular, its Constitutional Bench) who have shown their complete indifference, over the last year, to the destruction of an independent judiciary simply to preserve their well-paid offices.”

Senate approval

The Senate approved the 27th Constitutional Amendment Bill 2025 on Monday, with a two-thirds majority amid uproar from opposition members. 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.

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

Hover over the graphic below to view the breakdown of seats in the Senate.

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.

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).

Also read: Opposition pledges to make govt ‘miserable’

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.