SC Justice Minallah calls on CJ Afridi to convene judicial conference to discuss amendment
The 27th constitutional amendment is expected to be approved today, with a vote in the National Assembly scheduled for 11 a.m. Judicial and political circles began to protest the decision, with demonstrations spreading across the country.
The AN has 336 members, but with 10 seats currently vacant, the total number of sitting members stands at 326. To pass a constitutional amendment, the ruling coalition needs the “golden figure” of 224 votes.
MQM leader Syed Mustafa Kamal said his party’s suggestions regarding local governments were not included in the 27th Amendment but would be part of the upcoming 28th Amendment Bill.
Currently, the ruling alliance enjoys the support of 237 AN members. PML-N is the largest party in the coalition with 125 members, followed by Muttahida Qaumi Movement with 22, Pakistan Muslim League-Quaid with 5, Istehkam-e-Pakistan Party with 4 and one member each from Pakistan Muslim League-Zia and Balochistan Awami Party. The government also benefits from the support of four independent deputies.
However, the National Party, which is part of the ruling coalition, decided not to vote in favor of the constitutional amendment.
The PPP, with 74 members, is the second largest party in the coalition. His support was crucial in helping the federal government achieve not only a simple majority, but also a two-thirds majority when necessary.
Read: Silence means complicity: Justice Minallah’s stern warning to the CJP regarding threats to judicial independence
On the other hand, the opposition benches have a total of 89 members. These include 75 independents, 10 members of Jamiat Ulema-e-Islam (JUI-Pakistan) and one member each of Sunni Ittehad Council (SIC), Majlis Wahdat-e-Muslimeen (MWM), Balochistan National Party-Mengal (BNP-M) and Pashtunkhwa Milli Awami Party (PkMAP).
As the government coalition is sufficiently numerous, the adoption of the amendments should soon become a reality. The 27th Constitutional Amendment Bill includes 59 articles and around 47 to 48 consequential amendments, with a vote to follow after debate.
National Assembly session
During yesterday’s session of the National Assembly, the Pakistan Muslim League-Nawaz introduced the 27th constitutional amendment, which was passed by the Senate on Monday.
The key takeaways from the session were that the amendment constitutionally protects Field Marshal Syed Asim Munir’s rank, granted in recognition of his professional excellence, and any decision to withdraw the title could only be taken by a joint session of Parliament.
Learn more: Government Introduces 27th Constitutional Amendment Bill Amid Protests, Votes Today
He added that the President of Pakistan would enjoy lifelong immunity under Article 248, although this immunity would not apply to holding public office after retirement.
PTI Chairman Gohar Ali Khan strongly opposed the amendment, saying “constitutional changes should strengthen democracy, not bury it.” He said the amendment would weaken the judiciary rather than empower it, adding: “Today is a day of mourning for democracy.”
Voices of protest
Supreme Court Justice Athar Minallah has called on Chief Justice Yahya Afridi to convene a judicial conference to engage in an open dialogue on threats to the independence of the judiciary. In the seven-page letter titled “Moment of Reckoning,” Justice Minallah provides an overview of the checkered history of the highest court, which he says has too often bowed to might and might instead of standing on the side of the people.
As the voices of protest reached Sindh, the Sindh government imposed Section 144 in the province. The Sindh Action Committee took to the streets of all districts of Sindh, joined by the legal fraternity, and lambasted the 27th Amendment.
Roshan Ali Burio of the Sindh United Party addressed the protest at the Hyderabad Press Club, saying the legislation would clip the wings of the judiciary by not allowing the judiciary to function independently.
“Free speech and the independence of the judiciary were taken away by the 26th Amendment, and now leaders want to go further,” he said. The Hyderabad police attempted to disperse the protesters and also arrested more than a dozen on charges of violating Section 144.
The protest resumed, this time in front of the Sindh High Court Bar, where they threatened to block the Hyderabad Bypass Road if the apprehended protesters were not released.
Similar protests took place in all districts and towns in the province. The protesters converged outside the Larkana Press Club, chanting slogans against the ruling government in Islamabad and the Pakistan People’s Party (PPP) for spearheading the amendment.
Also read: Former CJP Jawwad S Khawaja challenges 27th amendment in SC
Protests against the amendment are expected today in Islamabad, outside the G11 courthouses.
The Jamaat-e-Islami (JI) has launched a fierce attack on the government’s sweeping constitutional reforms, accusing ministers of “distorting” the nation’s founding document and concentrating power in the hands of the executive.
Party friend Hafiz Naeemur Rehman vowed to continue fighting to restore what he described as the original integrity of the constitution after the 27th constitutional amendment was passed by the Senate on Monday.
Addressing members of the Lahore Bar Association at Aiwan-e-Adl, Rehman said his party had always defended the constitution throughout Pakistan’s history, but warned that these changes would give the executive decisive control over judicial appointments and distribution of power.
The amendment proposes four fundamental changes to the Constitution.
Articles 199 and 200
- The President has the power to transfer High Court judges between provinces on the recommendation of the Judicial Commission.
- A judge refusing his transfer is deemed to have retired
Section 248
- New clause grants president lifelong legal immunity
Section 243
- The position of Chairman of the Joint Chiefs of Staff will be eliminated effective November 27, 2025.
- Strategic military authority will be concentrated under the responsibility of the head of the defense forces.
- Officers enjoying constitutional protection can only be removed by the procedure of Article 47.
- Presidential immunity under Section 248 is extended to these officers.
Federal constitutional courts (new chapter – part VII)
- The FCC will have original jurisdiction in constitutional disputes between government and fundamental rights enforcement cases
- Petitions or appeals pending before the Supreme Court or its constitutional chambers within this jurisdiction must be transferred to FCC.
- Removes suo motu powers of SC and deletes Articles 184, 186 and 191A.
