- Justice Minister Tarar tabled a bill in the lower house yesterday.
- PTI lawyer Gohar calls the changes “Baku amendments.”
- The 27th Amendment aims to overhaul military and judicial structures.
The 27th Constitutional Amendment Bill, tabled by Law Minister Azam Nazeer Tarar in the National Assembly on Tuesday, is expected to be approved by the lower house today (Wednesday), with the PML-N-led ruling coalition holding the required two-thirds majority.
The 59-clause amendment, adopted by the Senate on Monday, aims to overhaul the country’s military and judicial structures. The bill was proposed by the justice minister and received 64 votes from 96 members of the House, with no votes against, as opposition lawmakers boycotted the proceedings and tore up their copies in protest.
Besides treasury members, PTI-backed ANP senators Saifullah Abro and JUI-F’s Ahmed Khan also supported the bill. In a surprise move, Abro refrained from joining the protest and later announced his resignation from the Senate.
The lower house session began half an hour later on Tuesday with prayers offered for PML-N senator Irfan Siddiqui, who died after a brief illness.
The 27th constitutional amendment bill requires a two-thirds majority in the 336-member National Assembly to pass. The ruling coalition appears well placed to secure these numbers, with the PML-N holding 125 seats, the PPP 74, the MQM-P 22, the PML-Q four, the Istehkam-e-Pakistan Party four and one seat each held by the PML-Z, the Balochistan Awami Party (BAP) and the National People’s Party.
On the other hand, the opposition benches collectively have 103 members.
Tarar defends the bill
Speaking to the AN a day earlier, Tarar said: “[The] The Senate passed the 27th Constitutional Amendment Bill with a two-thirds majority. Within the joint parliamentary committee, the opposition should also have attended the session.”
During his speech, the opposition benches staged a strong protest against the 27th constitutional amendment and raised slogans.
“Around the world, constitutional chambers deal with matters relating to the Constitution… judicial appointments are made through judicial commissions. In Pakistan, we have established proper procedure and removed powers of suo motu action in this bill,” the law minister said while explaining the 27th Amendment.
Tarar further explained the changes regarding judicial transfers, saying: “Previously, under Article 200, judges were transferred, and these transfers were often contested. The judicial commission is now authorized to transfer judges. If a judge refuses a transfer, he will be considered retired. The commission will include five judges from the Supreme Court and the Federal Constitutional Court, and two members each from the government and the opposition.”
“Provincial and constitutional cases will be handled by the Federal Constitutional Court, while the Supreme Court will hear more than 62,000 cases, including civil and other cases,” he added.
Tarar also highlighted the role of the army in the defense of Pakistan and the reforms proposed under the 27th Constitutional Amendment.
“The army played a crucial role when India attacked, and the entire House witnessed unity against the threat. After our victory, the Organization of Islamic Cooperation (OIC) and Arab countries congratulated and supported us,” he added.
The Minister of Justice explained the status of military ranks, saying: “The appointment of the head of the army is made under the Army Act. A rank of field marshal is a rank held in many countries and remains a lifetime honor. Appointments in the armed forces are based on rank, and the distinction of field marshal continues to be a lifetime title.”
He added: “Once a field marshal has received the rank, it is necessary to bring him within constitutional limits. We were part of the war committee and observed the army chief display exceptional performance and skill.”
Tarar further discussed the constitutional provisions regarding the presidential exemption, saying: “A special exemption has been proposed for the president…if the president returns to public office, the exemption will end. We request that this issue be debated and then put to a vote.”
Regarding the proposed 27th amendment, Tarar said: “Out of 59, 47 amendments were made due to the establishment of the Federal Constitutional Court. I urge our opposition [bench members] listen to each other and make constructive suggestions.
Gohar calls these changes “Baku amendments”
Pakistan Tehreek-e-Insaf (PTI) Chairman Barr Gohar described the constitutional amendments as deeply problematic.
“Buildings built for personal use are considered monuments to slavery,” he said.
Gohar called the legal changes “Baku amendments,” saying the “head of a nuclear state” was approving amendments from abroad, joking at Prime Minister Shehbaz Sharif, who was on an official visit to Azerbaijan when the federal cabinet approved the draft of the 27th constitutional amendment.
He added that cases have been closed and set aside for the benefit of certain interests. “Amending the Constitution is a sensitive issue.”
“Today is a day of mourning for democracy and steps are being taken to bury it,” he said. “We do not accept these amendments from Baku.”
He recalled that when the PDM government first came to power, the first step taken was to amend the NAB order.
“Being accountable to the Constitution and the law is what democracy is,” he said. “Accountability to the law is the supremacy of the law. We make laws and then we exempt ourselves from the law. Are we bringing in an elite class that will be above the law?” » asked Gohar.
The PTI chairman highlighted the ongoing corruption cases against President Asif Zardari, asking why he could not appear and deny the allegations. Lawyer Gohar also cited precedent in Britain, saying the chief justice had told the monarch that the law was supreme.
“We will bring them before the bar and hold them accountable,” he added.
Gohar also criticized the amendment process, stating that the Chief Justice of Pakistan had effectively been abolished and replaced by the “Chief Justice of the Supreme Court”.
He further noted that the amendments were passed with only two votes from dissenting members, and warned that such amendments could not serve the public.
Highlights of the new amendment
- Chief of Army Staff to assume role of chief of defense forces
- The titles of Marshal, Marshal of the Air Force and Admiral of the Fleet will remain for life
- Creation of the Federal Constitutional Court
- Equal representation of provinces approved by the Federal Constitutional Court
- The FCC has the authority to take suo motu notice of petitions
- Islamabad High Court to have judge on FCC bench
- President and prime minister to play key role in judicial appointments
- The powers of the Supreme Court will be reduced and some authorities will be transferred to the new court
- Limited presidential immunity if the president assumes public office after his term
- Judges must serve five years on the High Court to be eligible for the Constitutional Court
- Judicial Commission to decide on transfer of High Court judges
- Objections to transfers will be considered by the Supreme Judicial Council
