Historic Constitutional Amendment Passes Amid Opposition Protest
The Pakistani Senate witnessed a historic moment on Monday as the controversial 27th Constitutional Amendment Bill secured passage with a decisive two-thirds majority, marking a significant shift in the country's judicial and military structure. The legislation received overwhelming support with 64 senators voting in favor of the sweeping changes, while opposition parties staged a dramatic walkout in protest.
Political Drama and Defections
The voting process unfolded amid intense political drama, with opposition members from Pakistan Tehreek-e-Insaf (PTI) and Jamiat Ulema-e-Islam-Fazl (JUI-F) vehemently opposing the legislation. The scene turned chaotic when Law Minister Azam Nazeer Tarar presented the bill for voting, prompting opposition senators to tear copies of the document and toss them into the air while chanting slogans of rejection.
In a surprising turn of events, two opposition senators defected to support the government's position. PTI Senator Saifullah Abro and JUI-F Senator Ahmed Khan, both hailing from the construction sector and facing business-related controversies, crossed party lines to vote for the amendment. Following the vote, Senator Abro resigned from his seat, citing his support for Chief of Army Staff Field Marshal Asim Munir and the armed forces' courage during the May conflict with India as his motivation.
Key Provisions of the Amendment
The landmark legislation introduces several fundamental changes to Pakistan's constitutional framework. The most significant establishment is the Federal Constitutional Court (FCC), which Senator Ishaq Dar described as the "unfinished agenda" of the Charter of Democracy signed in 2006. The FCC will feature equal representation from all provinces plus Islamabad, creating a new apex judicial body.
Other crucial changes include providing constitutional cover for the position of field marshal or five-star general across all three military services. The amendment also modifies judicial transfer procedures, removing the requirement for consent from judges being transferred between high courts. Additionally, it introduces automatic vacation of interim stay orders in revenue cases after one year if no decision is reached, addressing significant government revenue blockages.
Political Support and Opposition
The ruling alliance demonstrated strong coordination, with support coming from Pakistan Peoples Party (PPP), PML-N, Balochistan Awami Party (BAP), Muttahida Qaumi Movement Pakistan (MQMP), and Pakistan Muslim League (PML-Q). Smaller opposition parties and six independent members also backed the amendment, including one member from National Party (NP) and three from Awami National Party (ANP).
Senate Chairman Syed Yousaf Raza Gilani emphasized that "nothing was bulldozed" during the legislative process, noting that 47 speeches were made on the proposed legislation and maximum consensus was attempted. The bill had previously been thoroughly debated by both houses of Parliament and their joint committee on law and justice.
Judicial Safeguards and Seniority Protection
Senator Farooq H Naek, who presented the joint committee's report, detailed several safeguards incorporated into the final legislation. The committee reduced the qualifying service period for high court judges to be nominated for the FCC from seven to five years. Crucially, the amendment protects the seniority of incumbent Supreme Court judges, ensuring no disruption to the current judicial hierarchy.
The FCC will retain suo motu powers but with enhanced judicial restraint, requiring formal applications that demonstrate valid cases for hearing. The legislation also establishes that presidential immunity against criminal proceedings will not apply if a former president contests elections and returns to public office, though immunity revives upon leaving public office.
The bill now moves to the National Assembly for final approval before becoming an Act of Parliament, completing a constitutional transformation that has been decades in the making according to government representatives.
