The 27th Constitutional Amendment Bill, tabled by Law Minister Azam Nazeer Tarar in the National Assembly on Tuesday, will likely be voted on today (Wednesday), with a likelihood of it passing with ease despite the opposition’s outright rejection.
The 59-clause amendment, passed by the Senate on Monday, introduces several changes to the country’s military and judicial structures. The 96-member Upper House saw it secure 64 votes, including a vote from PTI Senator Saifullah Abro and JUIF Senator Ahmed Khan. Abro has since tendered his resignation from the Senate for voting against party policy, while the JUIF has expelled Khan for the same.
The ruling coalition is unlikely to require any support of defectors in the National Assembly, as it already has the required two-thirds majority in the 336-member House. The ruling PMLN currently has 125 seats; the PPP 74; MQMP 22; PML-Q four; Istehkam-e-Pakistan Party four; while the PML-Z, Balochistan Awami Party, and National Peoples Party all have one seat each. The combined strength of the opposition is 103 members.
Primary clauses of 27th Amendment
- Chief of Army Staff to assume role as Chief of Defense Forces
- Field Marshal, Marshal of Air Force, Admiral of Fleet ranks to remain for life
- Establishment of a Federal Constitutional Court with equal representation of all provinces and one judge from Islamabad High Court
- Suo motu powers withdrawn from Supreme Court. FCC empowered to take suo motu notice upon petitions
- President and prime minister will play key role in appointments of first FCC
- Presidential immunity limited if president assumes any public office after tenure but spanning lifetime otherwise
- Judges required to serve five years in high court for eligibility of Constitutional Court
- Judicial Commission empowered to decide transfer of high court judges, with or without their consent
For and against
Presenting the bill, the law minister noted the Senate had already passed it. He said the 27th Amendment had established a “proper procedure” and removed the powers of suo motu from the Supreme Court. Justifying the amendments pertaining to judicial transfers, he said prior such actions often invite challenges. “The judicial commission is now authorized 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,” he said.
He said the FCC would handle provincial matters and constitutional cases, while the Supreme Court would hear civil and other matters.
On the changes to the military, he said it was necessary to bring the rank of Field Marshal within constitutional limits. “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,” he said.
Rebutting him, Pakistan Tehreek-e-Insaf Chairman Gohar Khan said the “Baku Amendments”—a reference to Prime Minister Shehbaz Sharif approving them via video-link during an official visit to Azerbaijan—he said the proposed bill was an attempt to “bury” democracy and vowed to resist its implementation.