- The Minister of Justice, Tarar, presented a bill in the Lower House yesterday.
- PTI’s lawyer Gohar calls the adjustments “Baku amendments.”
- The 27th Amendment seeks to reform judicial and military structures.
The 27th Constitutional Amendment Bill, introduced by Law Minister Azam Nazeer Tarar in the National Assembly on Tuesday, is likely to be passed by the lower house today (Wednesday) as the PML-N-led ruling coalition has the required two-thirds majority.
The 59-clause amendment, approved by the Senate on Monday, seeks to reform the country’s military and judicial structures. It was proposed by the Minister of Justice and obtained 64 votes in the 96-member House, with no votes against, while opposition legislators boycotted the process and tore their copies in protest.
Apart from Treasury members, PTI-backed ANP senators Saifullah Abro and JUI-F’s Ahmed Khan also supported the bill. In a surprise move, Abro refrained from joining the protest and later announced his resignation from the Senate.
The lower house session began half an hour late on Tuesday with prayers offered by PML-N senator Irfan Siddiqui, who passed away after a brief illness.
The 27th Constitutional Amendment Bill requires a two-thirds majority in the 336-member National Assembly for passage. The ruling coalition appears well positioned to secure the numbers: the PML-N has 125 seats, the PPP 74, the MQM-P 22, the PML-Q four, the Istehkam-e-Pakistan Party four and one seat each for the PML-Z, the Balochistan Awami Party (BAP) and the People’s National Party.
By contrast, the opposition benches together have 103 members.
Tarar defends the bill
Speaking at the National Assembly a day earlier, Tarar said: “[The] The Senate passed the 27th constitutional amendment bill with a two-thirds majority. “In the mixed parliamentary committee, the opposition should also have attended the session.”
During his speech, the opposition benches staged a strong protest against the 27th Constitutional Amendment and raised slogans.
“All over the world, constitutional courts deal with matters relating to the Constitution…judicial appointments are made through judicial commissions. In Pakistan, we have laid down a proper procedure and removed the powers of suo motu action in this bill,” the Law Minister said while explaining the 27th Amendment.
Tarar further explained the changes related to judicial transfers, saying: “Previously, under Article 200, judges were transferred, and these transfers were often challenged. The judicial commission is now authorized to transfer judges. If a judge refuses a transfer, they will be considered retired. The commission will include five judges from the Supreme Court and the Federal Constitutional Court, and two members each from the government and the opposition.”
“Provincial matters and constitutional cases will be handled by the Federal Constitutional Court, while the Supreme Court will hear more than 62,000 cases, including civil and other matters,” he added.
Tarar also highlighted the role of the army in the defense of Pakistan and the reforms proposed under the 27th Constitutional Amendment.
“The army played a crucial role when India attacked, and the entire House witnessed the unity against the threat. After our victory, the Organization of Islamic Cooperation (OIC) and Arab countries praised and supported us,” he added.
The Minister of Justice explained the status of military ranks, stating: “The appointment of the head of the army is made in accordance with the Army Law. A field marshal is a rank held in many countries and remains a lifetime honour. Appointments in the armed forces are based on rank, and the distinction of field marshal remains a lifetime title.”
He added: “After a field marshal receives the rank, it is necessary to place him within the constitutional limits. We sit on the war committee and watch the head of the army demonstrate exceptional performance and skill.”
Tarar further referred to the constitutional provisions regarding the presidential exemption, saying: “A special exemption has been proposed for the president…if the president returns to public office, the exemption will end. We request that this matter be debated and then put to a vote.”
On the 27th amendment proposal, Tarar said: “Out of 59, 47 amendments were made due to the establishment of the Federal Constitutional Court. I urge our opposition [bench members] listen to each other and make constructive suggestions.
Gohar calls adjustments “Baku amendments”
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar described the constitutional amendments as deeply problematic.
“Buildings constructed for personal gain are considered monuments to slavery,” he said.
Gohar referred to the legal changes as the “Baku Amendments,” saying the “head of a nuclear state” was approving amendments from abroad, in a mockery of Prime Minister Shehbaz Sharif, who was on an official visit to Azerbaijan when the federal cabinet approved the draft of the 27th Constitutional Amendment.
He added that the cases have been closed and set aside to benefit certain interests. “Amending the Constitution is a delicate matter.”
“Today is a day of mourning for democracy and measures are being taken to bury it,” he said. “We do not accept these Baku amendments.”
He recalled that when the PDM government first came to power, the first step taken was to amend the NAB Ordinance.
“Being accountable to the Constitution and the law is what democracy is,” he said. “Accountability before the law is the supremacy of the law. We make laws and then we exempt ourselves from the law. Are we bringing in an elite class that will be above the law?” -Gohar asked.
The PTI chairman highlighted the ongoing corruption cases against President Asif Zardari and asked why he could not appear and deny the allegations. Lawyer Gohar also referred to precedent in Britain, saying the chief justice had told the monarch that the law is supreme.
“We will take them to the court of law and hold them accountable,” he added.
Gohar also criticized the amendment process, stating that the Chief Justice of Pakistan had effectively been abolished and replaced by the “Chief Justice”.
He further noted that the amendments were approved with only two votes of the dissenting members and warned that such amendments cannot serve the public.
Highlights of the new amendment
- The Chief of Staff of the Army will assume the position of Chief of the Defense Forces
- The titles of field marshal, marshal of the Air Force and admiral of the fleet will remain for life
- The Federal Constitutional Court will be created
- Equal provincial representation approved in the Federal Constitutional Court
- FCC empowered to receive suo motu notifications on petitions
- Islamabad High Court to have judge on FCC bench
- President and Prime Minister to play key role in judicial appointments
- The powers of the Supreme Court will be reduced and some authorities will move to the new court
- Limited presidential immunity if the president assumes any public office after his term in office
- Judges must serve five years on the high court to be eligible for the Constitutional Court
- Judicial Commission will decide transfer of Superior Court judges
- Objections to transfers will be reviewed by the Supreme Judicial Council
