NA expected to pass 27th Amendment Bill as crucial session resumes today

59-clause amendment, passed by Senate, seeks to overhaul country’s military and judicial structures

ISLAMABAD, NOV 12 (DNA):The 27th Constitutional Amendment Bill, tabled by Law Minister Azam Nazeer Tarar in the National Assembly on Tuesday, is likely to be approved by the lower house today (Wednesday), as the PML-N-led ruling coalition holds the required two-thirds majority.

The 59-clause amendment, passed by the Senate on Monday, seeks to overhaul the country’s military and judicial structures. It was moved by the law minister and secured 64 votes in the 96-member House, with no votes against it, as opposition lawmakers boycotted the proceedings and tore up their copies in protest.

Apart from treasury members, ANP’s senators, PTI-backed 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 late on Tuesday with prayers offered for PML-N Senator Irfan Siddiqui, who passed away after brief illness. 

The 27th Constitutional Amendment Bill requires a two-thirds majority in the 336-member National Assembly for passage. The ruling coalition appears well-positioned to secure the numbers, with the PML-N holding 125 seats, the PPP 74, MQM-P 22, PML-Q four, Istehkam-e-Pakistan Party four, and one seat each held by the PML-Z, Balochistan Awami Party (BAP), and National Peoples Party.

In contrast, the opposition benches collectively have 103 members.

Tarar defends bill

Speaking on the floor of the NA a day earlier, Tarar said: “[The] Senate has passed the 27th Constitutional Amendment Bill with a two-thirds majority. In the joint parliamentary committee, the opposition should also have attended the session.”

During his speech, the opposition benches staged a strong protest over the 27th Constitutional Amendment and raised slogans.

“World over, constitutional benches handle matters related to the Constitution… judicial appointments are made through judicial commissions. In Pakistan, we have established a proper procedure and removed the powers of suo motu action in this bill,” said the law minister 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 challenged. The judicial commission is now authorised to transfer judges. If a judge refuses a transfer, they will be considered retired. The commission will include five judges from the Supreme Court and Federal Constitutional Court, and two members each from the government and opposition.”

“Provincial matters and constitutional cases will be handled by the Federal Constitutional Court, while the Supreme Court will hear over 62,000 cases, including civil and other matters,” he added.

Tarar also highlighted the role of the military in Pakistan’s defence and the reforms proposed under the 27th Constitutional Amendment.

“The military played a crucial role when India attacked, and the entire House witnessed unity against the threat. After our victory, the Organisation of Islamic Cooperation (OIC) and Arab countries praised and supported us,” he added.

The law minister explained the status of military ranks, stating: “The appointment of the army chief is made under the Army Act. A Field Marshal is a rank held in many countries and remains a lifetime honour. Appointments in the armed forces are based on rank, and the Field Marshal distinction continues to be a lifelong title.”

He added: “After a Field Marshal receives the rank, it is necessary to bring it within constitutional limits. We were part of the war committee and observed the army chief demonstrating exceptional performance and skill.”

Tarar further touched on constitutional provisions regarding 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 matter be debated and then put to a vote.”

On 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] to listen to each other and make constructive suggestions.

Gohar calls tweaks ‘Baku Amendments’

Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar described the constitutional amendments as deeply problematic.

“Buildings constructed for personal gain are considered monuments of slavery,” he said.

Gohar referred to the legal tweaks as the “Baku Amendments”, saying that the “head of a nuclear state” was approving amendments from abroad, in a jibe at Prime Minister Shehbaz Sharif, who was on an official visit to Azerbaijan when the federal cabinet approved the 27th Constitutional Amendment draft.

He added that cases have been closed and sidelined to benefit certain interests. “Amending the constitution is a sensitive matter.”

“Today is a day of mourning for democracy, and steps are being taken to bury it,” he said. “We do not accept these Baku Amendments.”

He recalled that when the PDM government came to power for the first time, the first action taken was to amend the NAB Ordinance.

“Being answerable before the constitution and the law is what democracy is,” he said. “Accountability before the law is the supremacy of law. We make laws and then take exemption from the law. Are we bringing an elite class that will be above the law?” Gohar asked.

PTI chairman highlighted the ongoing corruption cases against President Asif Zardari, asking why he could not appear and deny the allegations. Barrister Gohar also referred to a precedent in Britain, saying the chief justice had told the monarch that the law is supreme.

“We will bring them to the bar of law and make them accountable,” he added.

Gohar also criticised the amendment process, stating that the chief justice of Pakistan had effectively been abolished and replaced with 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 cannot serve the public.

Highlights of new amendment

• Chief of Army Staff to assume role as Chief of Defence Forces
• Field Marshal, Marshal of Air Force, Admiral of Fleet titles to remain for life
• Federal Constitutional Court to be established
• Equal provincial representation approved in Federal Constitutional Court
• FCC empowered to take suo motu notice upon petitions
• Islamabad High Court to have one judge on FCC bench
• President and prime minister to play a key role in judicial appointments
• Supreme Court powers to be reduced, with some authorities shifted to the new court
• Presidential immunity limited if president assumes any public office after tenure
• Judges must serve five years in high court for eligibility of Constitutional Court
• Judicial Commission to decide transfer of high court judges
• Objections on transfers to be reviewed by Supreme Judicial Council