27th Constitutional Amendment bill sent to law and justice committee for review

ISLAMABAD: Senate Chairman Yousaf Raza Gillani on Saturday referred the proposed 27th Constitutional Amendment bill to the Standing Committee on Law and Justice for review.

Earlier, the 27th Constitutional Amendment Bill was presented in the Senate with Law Minister Azam Nazeer Tarar requesting suspension of the question hour and other proceedings so he could brief senators on the proposed amendment.

After the bill was tabled, Senate Chairman Yousaf Raza Gillani referred it to the law and justice committee for detailed review. He directed the committee to invite the National Assembly’s law and justice committee chairperson and members to participate in deliberations, keeping in view parliamentary traditions and the significance of constitutional amendments.

Both committees may hold joint sessions and present a detailed report to the House, he said.

During the session, PTI Senator Ali Zafar objected that debate on the constitutional amendment was inappropriate while the opposition leader’s seat remained vacant. He accused the government and its allies of rushing the bill’s passage, saying the opposition had only received the draft today and had not had time to review it. “We cannot debate something we haven’t even read,” he said.

The law minister said the bill comprises 49 clauses, covering five key areas — three primary and two subsidiary. He noted that the “2006 Charter of Democracy” included an agreement to establish a “Federal Constitutional Court” comprising senior judges from all provinces to hear constitutional matters, while regular courts would continue to handle other cases.

He explained that during consultations on the 26th Amendment, some members had suggested forming “constitutional benches” as an experiment instead of a new court. Those benches were later created, but they consumed nearly 40 per cent of the courts’ time despite hearing only 5–6 per cent of cases. Some critics even called them “a court within a court,” he added.

After discussions with all political forces, Tarar said, it was decided to establish the Federal Constitutional Court by Parliament — a provision included in the current bill.

On the matter of high court judges’ transfers, the minister said the 1973 Constitution had empowered the president, on the prime minister’s advice, to transfer judges for up to two years without their consent. This provision was repealed under the 18th Amendment, making consent mandatory. The 26th Amendment maintained that requirement but drew criticism for executive interference. The new proposal removes the prime minister’s advisory role and transfers the authority to the Judicial Commission of Pakistan (JCP), with a safeguard ensuring that no judge senior to the chief justice will be transferred.

Addressing delays in Senate elections — such as in Khyber Pakhtunkhwa, where polls have been postponed for over a year — the law minister said a new clause had been added to prevent disputes over the election of the chairman and deputy chairman.

He also proposed increasing the provincial cabinet size limit from 11 per cent to 13 per cent of the total assembly seats, following objections from provinces other than Punjab, and raising the number of provincial advisers from five to seven.

Discussing Article 243, which vests control of the armed forces in the federal government, Tarar said new provisions were being added.

He clarified that Army Chief General Asim Munir has been conferred the title of Field Marshal — an honorary designation, not a position or rank. The army chief remains a five-year appointment.

He noted that honorary titles such as Field Marshal, Marshal of the Air Force, or Admiral of the Fleet are awarded in various countries to national heroes, remain lifelong, and can only be revoked by Parliament —not by the prime minister.

The minister added that from November 27, 2025, the position of Chairman Joint Chiefs of Staff Committee (CJCSC) would be abolished after the incumbent completes his term. There will be no new appointment, as the army chief will assume the role of “Chief of Defence Forces”.

Later, Tarar presented the proposed text of the 27th Amendment to the Upper House, which was referred to the parliamentary committee.

He said the bill would now go before a joint committee of Parliament, comprising both National Assembly and Senate members, and invited opposition members to participate in the discussions.

Joint committee session summoned

Senate Chairman Gillani urged the opposition to join the committee meeting, formally referring the bill to the Standing Committee on Law and Justice. A joint session of the Senate and National Assembly’s law committees was called later the same day to discuss the amendment.

‘All amendments must have consensus’

 Majlis Wahdat-e-Muslimeen (MWM) Senator Allama Raja Nasir Abbas said the Constitution was framed through consensus, questioning why an amendment was being introduced without similar agreement.

“Any constitutional change should be based on consensus,” he said, adding that amendments were being pushed through “as if in secrecy.”

He criticised the government for “paralysing the judiciary” and warned that the changes could make the Constitution controversial.

“Why the rush? Even if it takes months, amendments should come through agreement,” he said, calling the move an “attack on the Constitution of Pakistan.”

Opposition leader’s appointment discussed

Deputy Prime Minister Ishaq Dar told the Senate that detailed debate on the bill would take place in the committee.

He said that appointing the opposition leader was the prerogative of the Senate chairman. “Mr Chairman, it is your privilege and responsibility to make the appointment,” Dar said.