The Senate on Monday passed the 27th Constitutional Amendment, with 64 lawmakers voting in its favor and all opposition members staging a walkout.
The government and its coalition partners had secured 62 votes, just two shy of the required two-thirds majority. Two opposition members, Saifullah Abro of the PTI and Ahmed Khan of the JUIF, defected from their parties’ policy, bringing the total to 64.
During proceedings of the Upper House, Law Minister Azam Nazeer Tarar presented the bill, followed by a clause-by-clause voting. Subsequently, Senate Chairman Yousaf Raza Gilani conducted a voting by division.
In a bid to voice their protest, opposition benches chanted slogans against the government and its coalition partners, declaring the “death of democracy.” They also tore up copies of the bill and hurled them at the law minister as he was presenting the legislation. A majority of opposition lawmakers then staged a walkout, though a few remained to continue changing slogans.
The contentious bill was presented in the Senate last week. It was immediately referred to a joint meeting of the Senate and the National Assembly’s law and justice standing committees, which approved it with minor changes. Ahead of the vote, Senate Standing Committee of Law and Justice Chairman Farooq H. Naek presented a report on the changes before the Upper House.
Changes to amendment
Explaining the changes introduced by the committees, Naek said they had included equal representation of all provinces in the Federal Constitutional Court (FCC), including a representative from the Islamabad High Court (IHC). Additionally, he said, the requirement for a judge to be nominated for the FCC had been reduced from seven years of service in the high court to five years.
The committees agreed that any nominee to the FCC from the Supreme Court would retain their seniority, while fresh appointment of a lawyer or a high court judge would secure seniority from the date on which they assume office. If multiple judges would take the oath on the same day, their seniority would be determined on the basis of age.
Naek said the National Assembly speaker was empowered to nominate a woman, non-Muslim or technocrat to the Judicial Commission of Pakistan (JCP). He said it was decided to retain the suo motu powers for the FCC, adding it could be exercise only after an application was submitted.
On the transfer of judges, the PPP senator said the 27th Amendment made it so judge would be transferred from one high court to another through the JCP. He said under Article 199 of the Constitution, an interim stay order in matters of revenue remained valid until the case was decided, creating a huge backlog. He said the legislation now called for an interim order to be vacated automatically after one year if there is no final decision.
The bill now proceeds to the Lower House for a final vote. Once it was been approved by both houses, it would proceed to President Asif Ali Zardari before becoming law.
In the National Assembly, the ruling coalition needs 224 lawmakers to secure a two-thirds majority. It presently has 233 members against the opposition’s 103, suggesting smooth sailing for the legislation. Of the 224 lawmakers, the ruling PMLN has 125 seats; PPP 74; MQMP 22; PML-Q five; Istehkam-e-Pakistan Party four; and PML-Z, Balochistan Awami Party, and National Peoples Party one seat each.
Resignations
Following the Senate vote, Senator Abro tendered his resignation on the floor of the house, maintaining he had voted against party policy as he was voting “only for Syed Gen Asim Munir.”
Separately, the JUIF expelled Senator Khan for voting for the bill against party direction.
Following the bill’s passage, Deputy Prime Minister Ishaq Dar declared it “historic,” claiming it was an “unfinished agenda” of the 2006 Charter of Democracy signed by almost all political parties. “There was a feeling to maintain balance, and thus a constitutional court is being formed for the betterment of the judiciary,” he said.