- Law Minister Tarar tabled bills in the House of Commons yesterday.
- PTI’s Barrister Gohar calls the tweaks “Baku Amendments”.
- 27th Amendment seeks to overhaul military, judicial structures.
The 27th Constitutional Amendment Bill, introduced 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 has 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 Parliament, with no votes against it, as opposition lawmakers boycotted the proceedings and tore up their copies in protest.
Besides the finance ministry 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 participating in the protest and later announced his resignation from the Senate.
The House of Commons session began half an hour late on Tuesday with prayers for PML-N Senator Irfan Siddiqui, who died after a brief illness.
The 27th constitutional amendment requires a two-thirds majority in the 336-member National Assembly to pass. The ruling coalition appears well positioned to secure the numbers, with PML-N holding 125 seats, PPP 74, MQM-P 22, PML-Q four, Istehkam-e-Pakistan Party four and one seat each from PML-Z, Balochistan Awami Party (BAP) and National Peoples Party.
In contrast, the opposition benches have a total of 103 members.
Tarar defends bill
Speaking on the floor of NA a day earlier, Tarar said: “[The] The Senate has passed the 27th constitutional amendment by a two-thirds majority. In the joint parliamentary committee, the opposition should also have participated in the session.”
During his speech, the opposition benches staged a strong protest against the 27th constitutional amendment and raised slogans.
“The world over, constitutional benches deal with 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,” the law minister said while explaining the 27th amendment.
Tarar further explained the changes regarding judicial transfers, saying, “Earlier, under Article 200, judges were transferred and these transfers were often challenged. The Judicial Commission is now empowered to transfer judges. If a judge refuses a transfer, they will be considered retired. The commission will include five judges of the Supreme Court, one each of the federal constitutional members and two members of the federal constitution.”
“Provincial and constitutional cases will be heard by the Federal Constitutional Court, while the Supreme Court will hear over 62,000 cases, including civil and other cases,” he added.
Tarar also highlighted the role of the military in Pakistan’s defense and the reforms proposed under the 27th constitutional amendment.
“The military played a crucial role when India attacked and the whole house witnessed unity against the threat. After our victory, the Organization 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 Chief of Army Staff is made under the Army Act. A field marshal is a rank held in many countries and remains an honor for life. Appointments in the armed forces are based on rank and the distinction of field marshal 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 outstanding performance and skill.”
Touching further on constitutional provisions regarding presidential immunity, Tarar said: “A special exemption has been proposed for the President … if the President returns to public office, the exemption will cease. 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 because of the creation of the Federal Constitutional Court. I urge our opposition to [bench members] to listen to each other and make constructive suggestions.
Gohar calls tweaks ‘Baku changes’
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar described the constitutional amendments as deeply problematic.
“Buildings built for personal gain are considered monuments to slavery,” he said.
Gohar referred to the legal tweaks as the “Baku Amendments” and said that “the head of a nuclear state” approved changes 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 draft constitutional amendment.
He added that cases have been closed and set aside 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 changes.”
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 accountable to the constitution and the law is what democracy is,” he said. “Responsibility to the law is the supremacy of the law. We make laws and then take dispensation from the law. Are we bringing in an elite class that will be above the law?” Gohar asked.
PTI Chairman highlighted the ongoing corruption cases against President Asif Zardari and asked why he could not appear and refute 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 court and make them accountable,” he added.
Gohar also criticized the change process, stating that the Chief Justice of Pakistan had effectively been abolished and replaced with “the Supreme Court 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 change
- Chief of Army Staff to assume the role of Chief of Defense Forces
- Field Marshal, Marshal of Air Force, Admiral of Fleet titles remain for life
- The Federal Constitutional Court must be established
- Equal provincial representation approved in the Federal Constitutional Court
- FCC authorized to take suo motu notice of petitions
- The Islamabad High Court shall have one judge on the FCC bench
- President and Prime Minister to play a key role in judicial appointments
- The Supreme Court’s powers are to be reduced and some authorities transferred to the new court
- Presidential immunity limited if the president assumes public office after the term of office
- Judges must serve five years in the High Court to be eligible for the Constitutional Court
- Judicial Commission to decide transfer of Supreme Court Judges
- Objections to transfers must be dealt with by the Supreme Judicial Council
