ISLAMABAD:
Amid a boycott by opposition lawmakers, the Senate on Monday passed the 27th Constitution (Amendment) Bill, 2025 with a two-thirds majority, garnering 64 votes.
The bill aims to create a federal constitutional court and grant permanent immunity to the president, as well as life status to the rank of field marshal, amid criticism that the amendment will erode the independence of the judiciary.
Members of the Pakistan Tehreek-e-Insaf (PTI) organized a strong protest during the process. They tore copies of the bill and gathered in front of the president’s dais, chanting anti-government slogans. Despite the commotion, the vote continued and was approved clause by clause.
Law and Justice Minister Azam Nazeer Tarar introduced the bill to further amend the Constitution. [The Constitution (Twenty-Seventh Amendment) Bill, 2025]as reported by the Permanent Commission of the Chamber.
The bill was passed through a clause-by-clause vote, with Senate President Syed Yousaf Raza Gilani reading each amended clause for approval.
Previously, a clause-by-clause vote was held to approve 59 clauses, and later a divisional vote was held, with the entrance and exit doors of the Senate closed according to protocol. The bells rang for two minutes.
Modifications were made to several articles, including 10, 17, 42, 105, 146, 152, 159, 168, 175, 176, 214, 239, 243 and 255, through the constitutional bill.
The bill consisted of 59 clauses, all of which were approved by the Senate by a two-thirds majority (64 votes).
Under the new provisions, the Chief of the Army Staff will assume the role of Chief of the Defense Forces. The titles of Field Marshal, Air Force Marshal and Fleet Admiral will remain for life.
A Federal Constitutional Court will be created 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 objection to such transfers will be considered by the Supreme Judicial Council.
The eligibility period for High Court judges to be appointed 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 those newly appointed by 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 representation based on merit.
Suo motu powers will now be exercised by the Federal Constitutional Court upon written request and after the court has satisfied that there are constitutional grounds for intervention, ensuring transparency and judicial restraint.
The amendment extends the period of stay order in revenue and tax cases from six months to one year. If a case remains undecided beyond that period, the suspension will automatically be lifted, allowing for timely recovery of public revenue.
Regarding the transfer of judges, the bill authorizes the Judicial Commission of Pakistan to arrange transfers between courts. If a judge rejects the transfer without a 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 limited only to the tenure of office and will not apply if a former president assumes public office after completing his term.
Additionally, Pakistan Tehreek-e-Insaf (PTI) Senator Saifullah Abro and Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Ahmed Khan also voted in favor of the bill.
Later, speaking in the House, Senator Saifullah Abro announced his resignation as a member of the House. He said, “I voted only for Syed Gen Asim Munir.”
He said the armed forces had made the nation proud by winning the war with India.
standing committee
Report of the Standing Committee on Law and Justice on a Bill 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 committee report in the House.
Presenting the report in the House, Naek said the report was finalized after extensive deliberations by the committee members.
He said key recommendations were also incorporated to ensure judicial accountability, institutional balance and equitable representation of all provinces in the proposed Federal Constitutional Court.
He said the committee thoroughly reviewed the bill clause by clause and suggested amendments regarding judicial appointments, process of transfer of judges through the Judicial Commission of Pakistan, scope of suo motu powers and time limit for interim suspension orders in revenue-related cases.
He informed the House that the committees held two full-day sessions involving members of all political parties and special guests.
The deliberations are aimed at improving institutional balance, judicial accountability and federal harmony in accordance 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 federated units in constitutional interpretation.
Eligibility criteria for appointment of judges have been changed: the required experience of a High Court judge has been reduced from seven to five years to broaden merit and inclusivity, he said.
He said the Judicial Commission of Pakistan, earlier constituted under the 26th Amendment, would now include, in addition to a woman or a non-Muslim member, a technocrat appointed by the Speaker of the National Assembly possessing qualifications equivalent to those of a Member of Parliament.
Regarding 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 formal request and after ensuring that constitutional intervention was necessary in the public interest.
Explaining the transfer of judges, Farooq Naek said the earlier proposal allowing the president to transfer judges between high courts had been revised. Now, the Judicial Commission of Pakistan would recommend such transfers after consulting the concerned Chief Justices and the judge concerned. If a judge rejects the transfer, a reference will be filed with the Supreme Council of the Judiciary to determine valid reasons instead of automatic removal, thus preserving judicial dignity and due process, he said.
Regarding interim suspension orders under section 199, he said the committee amended the clause to address cases of prolonged admissions. Now, if a stay order remained pending for more than a year without a final adjudication, it would be automatically voided, allowing for the recovery of stagnant revenues and accelerating judicial efficiency.
Regarding presidential immunity, Naek said the original clause granting lifetime immunity to the president was revised. The committee decided that the immunity would not apply if the former President held any public office after leaving the presidency, although 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 the Chairman of the National Assembly Standing Committee on Law and Justice, Chaudhry Muhammad Bashir Virk, and thanked the Minister of Law and Justice, Azam Nazeer Tarar, and his team for their support.
