ISLAMABAD: Pakistan’s Senate on Monday approved the 27th Constitutional Amendment Bill, a legislation aimed at overhauling the judiciary and strengthening the military command structure. The legislation aims to streamline judicial processes, strengthen provincial representation, and reinforce Pakistan’s military command structure.
The bill secured the required two-thirds majority in the 96-member upper house and was passed with 64 votes. The bill will now move to the National Assembly for final ratification.
Pakistan’s Law Minister Azam Nazeer Tarar presented the 59-clause bill, explaining that it seeks to establish a Federal Constitutional Court (FCC) to handle constitutional matters and reduce the Supreme Court’s increasing caseload.
“The proposal stems from the increasing number of constitutional petitions before the Supreme Court, which has impacted the timely disposal of civil and criminal cases,” the minister said.
He added that the constitutional court will comprise judges with expertise in constitutional law, allowing the Supreme Court to focus on appellate jurisdiction.
The amendment also includes revisions to Article 243 to streamline the administrative structure of the country’s armed forces. Minister Tarar noted that consequential amendments were necessary to clarify procedures and strengthen institutional frameworks.
ReportParliamentary committee review
Senator Farooq H. Naek, chair of the joint parliamentary committee on law and justice, presented the committee’s report, highlighting refinements to the original draft.
The committee, which included members from both the Senate and National Assembly, approved the Federal Constitutional Court with provisions for equal provincial representation and a seat for the Islamabad High Court.
Key changes include reducing the High Court service eligibility for FCC judges from seven to five years, maintaining seniority for sitting Supreme Court judges, and defining seniority for new FCC appointees by age if multiple judges are appointed simultaneously.
The Judicial Commission of Pakistan (JCP) will include women, non-Muslims, and technocrats to broaden representation.
The FCC’s suo motu powers will now require a formal application, and interim stay orders in revenue matters will expire automatically after one year if unresolved, aimed at reducing backlogs.
Judicial transfers will be overseen by the judicial commission, with refusals reviewed by the Supreme Judicial Council.
Debate in the Senate
The Senate session, chaired over by Senate Chairman Syed Yousaf Raza Gilani, was marked by heated exchanges.
Opposition parties, including Pakistan Tehreek-e-Insaf (PTI) and Jamiat Ulema-e-Islam-Fazl (JUI-F), staged protests, objecting to the bill’s provisions on presidential immunity and judicial appointments.
PTI Senator Ali Zafar said, “Anyone who has committed a crime, whether a president or a governor, must be held accountable under the law.”
PPP Senator Zameer Hussain Ghumro called the amendment a “milestone for democracy and federal harmony,” noting improvements to Article 243 governing the military command.
MQM-P Senator Faisal Subzwari emphasised strengthening local governments and ensuring provincial rights, while also supporting the armed forces amid regional security challenges.
27th Constitutional Amendment provisions
The amendment covers several constitutional articles:
- Article 248: Extends lifetime immunity to the President, with exceptions for individuals holding public office after elections.
- Article 243: Redefines the military command structure, abolishing the office of Chairman Joint Chiefs of Staff Committee and concentrating authority under the Chief of Defence Forces.
- Article 200: Transfers of High Court judges will be managed by the JCP, incorporating consultations with parliamentarians, civil society, and the bar.
- Federal Constitutional Court: Establishes the FCC with equal provincial representation, original jurisdiction in intergovernmental disputes, and enforcement of fundamental rights.
- Article 175A: Revises JCP composition and limits Supreme Court suo motu powers.
Political reactions
Opposition parties vowed to block the amendment in the National Assembly and launch nationwide protests.
Meanwhile, government leaders expressed confidence in securing approval in the National Assembly, citing a coalition of 237 votes in the 336-member lower house, well above the 224 needed for constitutional amendments.
Federal Minister for Information Atta Tarar described the process as proceeding smoothly, while Deputy Prime Minister Ishaq Dar called it a “shared triumph for Centre-province ties and national resilience.”
With the Senate’s clearance, the 27th Constitutional Amendment will be presented to the National Assembly for ratification, expected to move swiftly given the ruling coalition’s commanding majority.
