Opposition tears up copies of 27th bill; 234 deputies vote for, four against; The Prime Minister welcomes this passage as a historic step
Prime Minister Shehbaz Sharif and PML-N Quaid Nawaz Sharif interact with MPs during the National Assembly session. PHOTO: NNI
ISLAMABAD:
The PML-N-led ruling coalition on Wednesday succeeded in passing the 27th constitutional amendment bill in the National Assembly, amid loud protests from the opposition.
The bill aimed to make crucial changes to a number of articles mainly dealing with the judiciary and military leadership.
It was adopted following a two-way voting process: split vote and article-by-article vote. Presented to the House for voting by Justice Minister Azam Nazeer Tarar, the bill will now be sent back to the Senate for the new amendments to be debated again and then passed by the upper house.
National Assembly Speaker Ayaz Sadiq said the bill received 234 votes in favor and four against.
Previously, an article-by-article vote was taken to adopt 59 articles of the amendment. Later, a split vote took place, during which the entry and exit doors of the House were closed in accordance with parliamentary protocol.
The bells rang for five minutes to signal the members’ exit from the house and for two minutes to mark their return home.
The bill included 59 articles, all of which were approved by the National Assembly by a two-thirds majority.
Meanwhile, opposition members, except those from Jamiat Ulema-e-Islam-Fazl (JUI-F), boycotted the proceedings in the House.
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.
The president and 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 period of eligibility 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.
Prime Minister Shehbaz Sharif, PML-N President Nawaz Sharif and PPP Chairman Bilawal Bhutto-Zardari were also present at the proceedings.
Federal Minister for Law and Justice, Senator Azam Nazeer Tarar, congratulated the members on the adoption of the 27th Constitutional Amendment.
As soon as Prime Minister Shehbaz, Nawaz and Bilawal entered the house, PTI members tore copies of the bill and threw them towards the Prime Minister’s chair. The PML-N parliamentarians immediately created a human shield around the Prime Minister and Nawaz to protect them, so that no PTI member could come near them.
Moreover, as soon as Tarar, who had tabled the bill during yesterday’s NA session, began his speech today, opposition members gathered near the president’s dais to register their protest. After that, they staged a withdrawal from the assembly.
The law minister said consultation with the legal community showed that there was confusion over the continuity of the position of the Chief Justice of Pakistan. “To clear up this confusion, I will introduce an appropriate amendment in which it will be clarified that the current CJP… will remain the CJP,” he added.
He also mentioned Article 6 of the Constitution, saying that as per the 18th Amendment, neither the Supreme Court nor any high court could ratify the abrogation of the Constitution.
Now, the Justice Minister said, the Constitutional Court has also been added to the list to clear up any confusion.
Meanwhile, Prime Minister Shehbaz Sharif on Wednesday congratulated the nation and members of the National Assembly for passing the 27th Constitutional Amendment Bill with a two-thirds majority, terming it a historic step towards strengthening democracy and national unity.
Speaking at the National Assembly, the Prime Minister thanked all political parties for demonstrating national integrity and consensus on the amendment, saying the dream of establishing constitutional courts had come true after 19 years.
He expressed his gratitude to President Asif Ali Zardari, Pakistan Muslim League-N President Muhammad Nawaz Sharif, Pakistan Peoples Party Chairman Bilawal Bhutto Zardari, Dr. Khalid Maqbool Siddiqui, Chaudhry Salik Hussain, Abdul Aleem Khan, Khalid Magsi, Aimal Wali Khan, Deputy Prime Minister Ishaq Dar, Law Minister and all members of the House and Committees competent parliamentarians for their support in the adoption of the bill.
Shehbaz Sharif said the establishment of the Constitutional Court was the pinnacle of democracy, adding that the Chief Justice of Pakistan would continue to head the Judicial Commission of Pakistan, the Supreme Judicial Council and the Law and Justice Commission. He said the government would continue to seek advice from the highest judiciary to uphold the Constitution and the rule of law.
Paying tribute to late Senator Irfan Siddiqui, the Prime Minister said his services to the party, academia and the national discourse would always be remembered. “He was one of Nawaz Sharif’s most trusted companions, and his academic acumen will remain a beacon for future generations,” he added.
He prayed that eternal peace be granted to late Irfan Siddiqui and that his family members have the strength and courage to bear this loss with patience.
Referring to the recent terrorist attacks, the Prime Minister strongly condemned the attack on the Wana Cadet College, comparing it to the tragic incident at the Army Public School. He praised the Pakistan Armed Forces for safely rescuing all the students and eliminating the terrorists involved.
He also condemned the terrorist attack in Islamabad targeting the court complex, which claimed the lives of 12 people, including lawyers, and prayed for eternal peace of the martyrs and speedy recovery of the injured.
The Prime Minister said it was evident that elements from India and Afghanistan were involved in these terrorist incidents. “We have presented to the world the undeniable proof of Indian involvement in the Jaffar Express attack, and no one has disputed these facts,” he said, adding that the Khawarij terrorists would receive a befitting response from Pakistani security forces.
Shehbaz Sharif said peace talks were held in Doha and Istanbul with the Afghan interim government on the sole condition that it would curb the BLA and other terrorist groups using Afghan soil against Pakistan. “We wish for peace and stability in the region and expect Afghanistan to make a sincere commitment to support Pakistan’s peace efforts,” he stressed.
The prime minister also highlighted the government’s recent diplomatic and military successes, saying Pakistan’s victory in the ‘Marka-e-Haq’ war against India in February and the government’s bold decisions had improved the country’s image in the world.
He said the nation hailed the conferment of the title of Field Marshal on Chief of Army Staff General Syed Asim Munir following this victory, asserting that the post of Field Marshal has now become part of the Constitution alongside other service chiefs, which they fully deserve.
Reiterating his commitment to strengthening the federation, the Prime Minister said he supported all measures that empowered the federation and the provinces, and opposed anything that would weaken national unity.
He said the security forces were at the forefront of the war against terrorism, sacrificing their lives for the peace and security of the nation.
On issues related to the 18th Amendment and the NFC Award, the Prime Minister said he would hold consultations with the PPP and other political parties to reach consensus to address these crucial national issues.
“We must move forward together for the development and prosperity of Pakistan,” the Prime Minister said.
Opposition announces protest
The opposition alliance on Friday announced a nationwide political movement against the 27th constitutional amendment, pledging to restore the powers of the judiciary and the office of the chief justice which they say have been curtailed by the amendment.
“The post of chief justice has been abolished – we will restore it,” said lawyer Gohar. “We will restore the dignity and powers of the judiciary,” he added, arguing that while judicial reforms may be necessary, the government’s current approach to judges was “unacceptable.”
Flanked by lawyer Gohar, Mahmood Khan Achakzai announced that the opposition protest campaign would begin on Friday. He stressed that the movement would remain peaceful and that its goal was to restore the people’s mandate, which he said had been “stolen.”
Achakzai said the campaign would combine national protests and diplomatic actions. “We will protest and we will not even throw stones,” he promised. “We will also write to foreign envoys to urge them to reconsider or cancel any agreements reached with the current government. »
“We are ready to enter into negotiations, but our position is clear: the Constitution must prevail and the mandate of the people must be respected,” he said.
