Senate session begins to discuss the 27th constitutional amendment

The Senate session to deliberate on the proposed 27th Constitutional Amendment has begun under the chairmanship of Yousaf Raza Gilani.

PTI Senator Ali Zafar addressed the Senate and warned that the proposed constitutional amendment would “sound the death knell for the Supreme Court”. He stressed that the Constitution plays a vital role between the State and the people.

“The way the Constitution is amended is like destroying a structure,” Zafar said, drawing a stark comparison between the changes and the demolition of a building. He recalled that while previous military regimes had undermined the Constitution, the 18th Amendment had restored its fundamental spirit.

He stressed that Parliament is formed with the vote of the people and that the Constitution guarantees the fundamental rights of citizens. An independent judiciary, he added, is the guarantor of democracy, with civil supremacy being a fundamental principle.

Zafar questioned the legitimacy of the current Parliament, stating that “there is no national consensus on this amendment; this Parliament was formed through a flawed election.” He charged that the amendment undermines judicial independence, effectively reducing the Supreme Court to a “Supreme District and Sessions Court.”

He also warned that the new constitutional courts are unnecessary, describing them as a “warehouse” of cases that will mainly involve disputes between the public and the government.

Opposition members attended the Senate session wearing black armbands in protest.

Read: Joint committee session begins to deliberate on the 27th constitutional amendment

Condemning provisions that allow the executive to transfer judges at will, Zafar said judges who refuse transfers would be forced to retire, giving the executive full control over the judiciary.

Joint Parliamentary Committee

The federal government moved a major package of constitutional reforms to the upper house as the 27th Amendment Bill was formally introduced in the Senate, following approval by the federal cabinet on Saturday (yesterday). The bill seeks to introduce major structural changes to Pakistan’s military command framework and judicial system.

The joint parliamentary committee of the Senate and the National Assembly on Law and Justice has officially started its proceedings to discuss the 27th Constitutional Amendment. The joint committee is expected to approve the draft of the 27th Constitutional Amendment today.

Under the proposal, a new position titled Chief of Defense Forces would be created, effectively replacing the position of Chairman of the Joint Chiefs of Staff Committee. The amendment outlines a revised chain of command by amending Article 243, which deals with the control and command of the armed forces.

The bill also proposes the establishment of a Federal Constitutional Court with the mandate to resolve constitutional disputes and provide an authoritative interpretation of constitutional issues. For this purpose, a new separate chapter would be inserted in Part VII of the Constitution.

Read more: A soulless Supreme Court

Furthermore, the amendment seeks notable changes in Article 175A, which currently regulates the appointment of judges of high courts. The proposed amendments aim to reshape the judicial appointments process in line with the new framework of the constitutional court.

According to sources close to the matter, the Joint Parliamentary Committee approved the amendments to Article 200. The Joint Parliamentary Committee approved the clause on the creation of constitutional courts, but discussions on Article 243 continue.

The government coalition parties presented three additional amendments, while ANP, BNP and MQM also presented their proposals.

• The ANP moved a proposal to rename Khyber Pakhtunkhwa by deleting “Khyber”, arguing that Khyber is a district and other provinces do not include district names in provincial titles.

• MQM reached an agreement on modifications related to the financing of local government representatives.

Federal Law Minister Azam Tarar spoke to the media and stated, “The committee has completed 85 percent of its work.” He added that the proposals of the MQM and other parties will be considered after due deliberation. “The committee is expected to complete its work this afternoon.”

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Opposition parties have expressed concern that the amendment is an attack on Pakistan’s Constitution, stating that nationwide protests against the amendment will begin today afternoon.

Mahmood Khan Achakzai said: “We are people who love Pakistan. I have sworn to defend the Constitution five times. This attack is an attack on the very foundations of the country,” adding that Parliament will not be allowed to function.

Senator Raja Nasser Abbas told the media: “This is creating another god,” he said, drawing parallels with previous military rulers. “Ayub Khan and Zia-ul-Haq imposed martial law and Yahya Khan tried to divide the country. Our nation is now heading towards fascism.”

He stated that the country’s Constitution has effectively died. “They have a majority in the Senate. Even if they didn’t, they would find a way to impose their will. One day this will turn out to be a spider’s web.”