ISLAMABAD:
Amid a boycott by opposition lawmakers, the Senate on Monday passed the 27th (Amendment) Bill to the 2025 Constitution by a two-thirds majority, securing 64 votes.
The bill aims to create a federal Constitutional Court and grant permanent immunity to the president as well as lifetime status at the rank of marshal, amid criticism that the amendment would erode the independence of the judiciary.
Members of the Pakistan Tehreek-e-Insaf (PTI) staged a strong protest during the proceedings. They tore up copies of the bill and gathered in front of the President’s dais, chanting slogans against the government. Despite the commotion, voting continued and article-by-article approval was granted.
Minister of Law and Justice Azam Nazeer Tarar presented the bill to further amend the Constitution [The Constitution (Twenty-Seventh Amendment) Bill, 2025]as reported by the House Standing Committee.
The bill was passed by article-by-article vote, with Senate President Syed Yousaf Raza Gilani reading each amended article for approval.
Previously, an article-by-article vote was taken to pass 59 articles, and later, a split vote was taken, with the entry and exit doors of the Senate closed as per protocol. The bells rang for two minutes.
Amendments have been made to various articles, including 10, 17, 42, 105, 146, 152, 159, 168, 175, 176, 214, 239, 243 and 255, through the Constitution Bill.
The bill included 59 articles, all of which were approved by the Senate by a two-thirds majority (64 votes).
As per the new arrangements, the Chief of Army Staff will assume the role of Chief of Defense Forces. The titles of Marshal, Marshal of the Air Force and Admiral of the Fleet will remain for life.
A Federal Constitutional Court with equal representation from the provinces will be created.
At the same time, the President and the Prime Minister will play a key role in appointing judges, 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 considered by the Supreme Judicial Council.
The eligibility period of High Court judges for appointment to the Federal Constitutional Court has been reduced from seven to five years. The seniority of sitting judges of the Supreme Court appointed to the new court will remain intact, while the seniority of new members of the bar or high courts will be determined based on age.
The Judicial Commission of Pakistan (JCP) was expanded to include, in addition to a woman or non-Muslim member, a technocrat appointed by the Speaker of the National Assembly, qualified to become a member of Parliament, thereby 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 is satisfied that there are constitutional grounds for intervention, thereby ensuring transparency and judicial restraint.
The amendment extends the stay order period in tax and tax cases from six months to one year. If a case remains undecided beyond this period, the stay will be automatically revoked, allowing for the timely collection of public revenue.
Regarding the transfer of judges, the bill authorizes the Judicial Commission of Pakistan to deal with transfers between courts. If a judge denies the transfer without good reason, the case will be referred to the Supreme Judicial Council for a hearing before a decision is made.
The presidential immunity clause is limited to term limits and will not apply if a former president assumes public office after completing his or her term.
Additionally, Pakistan Tehreek-e-Insaf (PTI) Senator Saifullah Abro and Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Ahmed Khan also voted in favor of the bill.
Later, speaking in the House, Senator Saifullah Abro announced his resignation as a member of the House. He said, “I voted only for Syed Gen Asim Munir.
He said the armed forces had made the nation proud by winning the war against India.
Standing Committee
The report of the Standing Committee on Law and Justice on a bill to further amend the Constitution of the Islamic Republic of Pakistan [The Constitution (Twenty-seventh Amendment) Bill, 2025] was present in the Senate on Monday.
Chairman Standing Committee on Law and Justice Farooq H Naek presented the committee’s report in the House.
Presenting the report in the House, Naek said the report was finalized after extensive deliberations by the committee members.
He said key recommendations were also incorporated to ensure judicial accountability, institutional balance and equal representation of all provinces in the proposed Federal Constitutional Court.
He said the committee had scrutinized the bill clause by clause and suggested amendments regarding appointment of judges, process of transfer of judges through the Judicial Commission of Pakistan, extent of suo motu powers and time limit for interim stay orders in revenue-related cases.
He informed the House that the committees held two full-day sessions attended by Members from all political parties and special guests.
The deliberations are aimed at strengthening institutional balance, judicial accountability and federal harmony in line with the principles of the Charter of Democracy (CoD) signed by Shaheed Mohtarma Benazir Bhutto and Mian Muhammad Nawaz Sharif.
He went on to say that the Federal Constitutional Court proposed in the bill would have equal representation from all provinces as well as the Islamabad High Court, thereby ensuring inclusive participation of the federating units in constitutional interpretation.
The eligibility criteria for appointment of judges has been changed: the required experience of a High Court judge has been reduced from seven to five years in order to broaden merit and inclusiveness, he explained.
He said the Judicial Commission of Pakistan, previously constituted under the 26th Amendment, would now include, apart from a woman or a non-Muslim member, a technocrat appointed by the Speaker of the National Assembly and having qualifications equivalent to those of a member of Parliament.
On suo motu powers, Senator Naek said the committee retained its authority but added a judicial restraint mechanism – the Federal Constitutional Court can only exercise jurisdiction under Article 184(3) upon formal request and after being satisfied that constitutional intervention was necessary in the public interest.
Explaining the transfer of judges, Farooq Naek said the earlier proposal allowing the President to transfer judges between high courts had been revised. Now, the Judicial Commission of Pakistan would recommend such transfers after consulting the concerned Chief Justices and the concerned judge. If a judge refused his transfer, a reference would be filed before the Supreme Judicial Council to determine good cause instead of automatic retirement, thereby preserving judicial dignity and due process, he said.
On provisional stay orders under section 199, he said the committee had amended the clause to deal with cases of protracted income. From now on, if a suspension order remained pending beyond a year without a final decision, it would be automatically canceled, thus making it possible to recover blocked revenues and accelerate judicial efficiency.
Regarding presidential immunity, Naek said the original clause granting lifetime immunity to the president had been revised. The commission decided that immunity would not apply if the former president held public office after leaving the presidency, although it would remain valid during the presidential term.
“These reforms,” he said, “aim to maintain judicial independence with accountability, institutional balance and the supremacy of Parliament while preserving constitutional harmony,” he said.
Later, Naek thanked the members of the two committees for their participation, especially the Chairman of the National Assembly Standing Committee on Law and Justice, Chaudhry Muhammad Bashir Virk, and appreciated the assistance of Minister of Law and Justice Azam Nazeer Tarar and his team for their support.
