Constitution amended for the 27th time

ISLAMABAD:

The PML-N-led ruling coalition on Wednesday got the National Assembly to pass the 27th Constitutional Amendment Bill amid vociferous protests from the opposition.

The bill sought crucial changes to a series of articles dealing primarily with the judiciary and military leadership.

It was approved through a two-way voting process: division voting and clause-by-clause voting. Presented in the house for vote by Justice Minister Azam Nazeer Tarar, the bill will now be referred to the Senate for the new amendments to be debated again and then approved by the upper house.

National Assembly Speaker Ayaz Sadiq said the bill received 234 votes in favor and four against.

Earlier, a clause-by-clause vote was held to approve 59 clauses of the amendment. Subsequently, the vote by division was carried out, during which the entrance and exit doors of the House were closed according to parliamentary protocol.

Bells were rung for five minutes to signal the departure of members of the house and for two minutes to mark the return to the house.

The bill consisted of 59 clauses, all of which were approved by the National Assembly with a two-thirds majority.

Meanwhile, opposition members, except those of the Jamiat Ulema-e-Islam-Fazl (JUI-F), boycotted the house proceedings.

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.

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 reviewed 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 higher 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.

Prime Minister Shehbaz Sharif, PML-N president Nawaz Sharif and PPP president Bilawal Bhutto-Zardari also attended the proceedings.

Federal Minister for Law and Justice Senator Azam Nazeer Tarar congratulated the members on the passage of the 27th Constitutional Amendment.

As soon as chief minister Shehbaz, Nawaz and Bilawal entered the house, the PTI members tore copies of the bill and threw them at the chief minister’s chair. The PML-N MPs immediately created a human shield around the prime minister and Nawaz to protect them, so that no PTI member could approach them.

Furthermore, as soon as Tarar, who had introduced the bill during yesterday’s National Assembly session, began today’s speech, opposition members gathered near the speaker’s podium to register their protest. After that, they organized an assembly strike.

The law minister said consultation with the legal community showed that there was confusion over the continuity of the office of Chief Justice of Pakistan. “To remove this confusion, I will bring an appropriate amendment in which it will be clarified that the present CJP… will remain the CJP,” he added.

He also mentioned Article 6 of the Constitution, saying that under the 18th Amendment, neither the Supreme Court nor any high court can uphold the repeal of the Constitution.

Now, the Minister of Justice said, the Constitutional Court has also been added to the list to eliminate any confusion.

Meanwhile, Prime Minister Shehbaz Sharif on Wednesday congratulated the nation and members of the National Assembly for the passage of the 27th Constitutional Amendment Bill with a two-thirds majority, terming it a historic step towards strengthening democracy and national unity.

Speaking at the National Assembly, the prime minister thanked all political parties for demonstrating national integrity and consensus on the amendment, and said the dream of establishing constitutional courts had been fulfilled after 19 years.

He expressed his gratitude to President Asif Ali Zardari, Pakistan Muslim League-N President Muhammad Nawaz Sharif, Pakistan People’s Party President Bilawal Bhutto Zardari, Dr. Khalid Maqbool Siddiqui, Chaudhry Salik Hussain, Abdul Aleem Khan, Khalid Magsi, Aimal Wali Khan, Deputy Prime Minister Ishaq Dar, Law Minister and all members of the House and the relevant parliamentary committees for their support in passing the bill.

Shehbaz Sharif said that the establishment of the constitutional court was the pinnacle of democracy, adding that the Chief Justice of Pakistan would continue to head the Judicial Commission of Pakistan, the Supreme Judicial Council and the Law and Justice Commission. He said the government would continue to seek guidance from the highest judiciary to uphold the Constitution and the rule of law.

Paying tribute to late Senator Irfan Siddiqui, the Prime Minister said his services to the party, academia and national discourse will always be remembered. “He was among Nawaz Sharif’s most loyal companions and his academic knowledge will continue to be a beacon of light for future generations,” he added.

He prayed for the granting of eternal peace to late Irfan Siddiqui and for strength and courage for his family members to bear the loss patiently.

Referring to the recent terrorist attacks, the Prime Minister strongly condemned the attack on Cadet College Wana, comparing it to the tragic Army Public School incident. He praised the Pakistan Armed Forces for safely rescuing all the students and eliminating the terrorists involved.

He also condemned the Islamabad terror attack on the Judicial Complex, which claimed 12 precious lives, including lawyers, and prayed for eternal peace for the martyrs and speedy recovery for the injured.

The prime minister said it was evident that elements from India and Afghanistan were involved in these terrorist incidents. “We have presented undeniable evidence of Indian involvement in the Jaffar Express attack before the world, and no one questioned those facts,” he said, adding that the Khawarij terrorists would receive a befitting response from Pakistan’s security forces.

Shehbaz Sharif said that peace talks had been held in Doha and Istanbul with the Afghan interim government with the only condition that it stops the BLA and other terrorist groups using Afghan soil against Pakistan. “We wish for peace and stability in the region and hope that Afghanistan will sincerely commit to supporting Pakistan’s peace efforts,” he emphasized.

The prime minister also highlighted the government’s recent diplomatic and defense successes, saying that Pakistan’s victory in the “Marka-e-Haq” war against India in February and the government’s bold decisions had improved the country’s image globally.

He said the nation lauded the award of the title of Field Marshal to Chief of Army Staff General Syed Asim Munir after that victory, saying the post of Field Marshal was now part of the Constitution along with other service chiefs, which they fully deserve.

Reiterating his commitment to strengthening the federation, the prime minister said he supported all measures that empowered the federation and the provinces, and opposed anything that weakened national unity.

He said the security forces were at the forefront of the war against terrorism, sacrificing their lives for the peace and security of the nation.

On the issues related to the 18th Amendment and the NFC Award, the Prime Minister said he would hold consultations with the PPP and other political parties to build consensus to address these critical national issues.

“We have to move forward together for the development and prosperity of Pakistan,” the prime minister said.

Opposition announces protest

The opposition alliance has announced a nationwide political movement starting 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 Chief Justice has been abolished; we will restore it,” said lawyer Gohar. “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 to judges was “unacceptable.”

Flanked by lawyer 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 its goal was to restore the people’s mandate, which he claimed had been “stolen.”

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

“We are ready for talks, but our position is clear: the Constitution must prevail and the mandate of the people must be respected,” he said.