Senate session begins to discuss 27th Constitutional Amendment

The Senate session to deliberate on the draft 27th constitutional amendment began under the chairmanship of Yousaf Raza Gilani.

PTI senator Ali Zafar addressed the Senate, warning that the proposed constitutional amendment would “sound the death knell for the Supreme Court.” He emphasized that the Constitution plays a vital role between the state and the people.

“The way you are changing the Constitution is like destroying a structure,” Zafar said, drawing a stark comparison between the changes and demolishing a building. He recalled that while past military regimes had damaged the Constitution, the 18th Amendment had restored its fundamental spirit.

He stressed that Parliament is formed by 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, saying “there is no national consensus on this amendment; this Parliament was formed following elections marred by irregularities.” He accused the amendment of undermining 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” for 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 27th constitutional amendment

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

Joint Parliamentary Committee

The Federal Government has introduced a major constitutional reform bill in 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 aims to introduce major structural changes in 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 work to discuss the 27th constitutional amendment. The Joint Committee is expected to approve the draft 27th Constitutional Amendment today.

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

The bill also proposes the creation of a Federal Constitutional Court to adjudicate 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.

Learn more: A soulless Supreme Court

Additionally, the amendment seeks to make notable changes to Section 175A, which currently governs the appointment of superior court judges. The proposed changes aim to reshape the process of appointing judges in line with the new framework of the Constitutional Court.

According to sources close to the matter, the amendments to article 200 were approved by the joint parliamentary committee. The Joint Parliamentary Committee approved the clause on the creation of constitutional courts, but discussions regarding Article 243 continue.

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

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

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

Federal Law Minister Azam Tarar addressed the media saying, “The committee has completed 85 percent of its work. » He added that the proposals of the MQM and other parties will be considered after deliberation. “It is hoped that the committee will complete its work by this evening.”

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Opposition parties have expressed concerns that the amendment constitutes an attack on the Constitution of Pakistan, stating that nationwide protests against the amendment were expected to begin today evening.

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

Senator Raja Nasser Abbas told the media: “This creates another god,” he said, drawing parallels with former 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 claimed that the country’s Constitution was effectively dead. “They have a majority in the Senate. Even if they didn’t have it, they would still find a way to impose their will. It will turn out to be a cobweb one day.”