ISLAMABAD:
Amid a boycott by opposition lawmakers, the Senate on Monday passed the 27th Constitution (Amendment) Bill, 2025 with a two-thirds majority, securing 64 votes.
The bill aims to create a federal constitutional court and grant permanent immunity to the president as well as lifetime status to the rank of field marshal, amid criticism that the change would erode the independence of the judiciary.
Members of the Pakistan Tehreek-e-Insaf (PTI) staged a vigorous protest during the proceedings. They tore copies of the bill and gathered in front of the speaker’s podium, shouting slogans against the government. Despite the uproar, the vote continued and was approved point by point.
Law and Justice Minister Azam Nazeer Tarar introduced the bill to further amend the constitution [The Constitution (Twenty-Seventh Amendment) Bill, 2025]as reported by the Standing Committee of the House.
The bill was passed through clause-by-clause voting, with Senate Chairman Syed Yousaf Raza Gilani reading out each amended clause for approval.
Earlier, clause-by-clause voting was conducted to pass 59 clauses, and later voting was conducted by division, with the entrance and exit gates of the Senate closed as per protocol. Bells were rung for two minutes.
Amendments were made to various articles, including 10, 17, 42, 105, 146, 152, 159, 168, 175, 176, 214, 239, 243 and 255, through the Constitution Act.
The bill included 59 clauses, all of which were approved by the Senate by a two-thirds majority (64 votes).
Under the new provisions, the Chief of Army Staff will assume the role of Chief of Defense Forces. The titles of field marshal, air marshal and admiral of the fleet remain for life.
A federal constitutional court will be established with equal provincial representation.
Meanwhile, the president and prime minister will play key roles in judicial appointments, while some of the Supreme Court’s powers will be transferred to the new court.
Likewise, the Judicial Commission will decide on the transfer of Supreme Court judges, and any objections to such transfers will be dealt with by the Supreme Judicial Council.
The term of eligibility for High Court judges for appointment to the Federal Constitutional Court has been reduced from seven to five years. The seniority of sitting Supreme Court judges appointed to the new court will remain intact, while the seniority of new appointees from the Bar or High Courts will be determined by age.
The Judicial Commission of Pakistan (JCP) has been expanded to include, in addition to a woman or non-Muslim member, a technocrat nominated by the Speaker of the National Assembly, qualified to become a member of Parliament, ensuring broader merit-based representation.
The suo motu powers will now be exercised by the Federal Constitutional Court upon written request and upon the court’s satisfaction that there are constitutional grounds for intervention, ensuring transparency and judicial restraint.
The amendment extends the deferment period in tax and tax cases from six months to one year. If a case remains unresolved beyond this period, the stay will automatically be vacated, enabling timely recovery of public revenue.
On transfer of judges, the bill empowers the Judicial Commission of Pakistan to deal with transfers between courts. If a judge refuses transfer without valid reason, the case will be referred to the Supreme Judicial Council for a hearing before a decision is made.
The Presidential Immunity Clause is limited to the term of office only and will not apply if a former president assumes public office after the end of the term.
Besides, Pakistan Tehreek-e-Insaf (PTI) Senator Saifullah Abro and Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Ahmed Khan also voted in favor of the bill.
Speaking in the House, Senator Saifullah Abro announced his resignation from the membership of the House. He said, “I voted only for Syed Gen Asim Munir.”
He said the armed forces had made the nation proud by winning the war with India.
Standing committee
The Report of the Standing Committee on Law and Justice on a Bill to further amend the Constitution of the Islamic Republic of Pakistan [The Constitution (Twenty-seventh Amendment) Bill, 2025] was present in the Senate on Monday.
Chairman, Standing Committee on Law and Justice Farooq H Naek presented the committee’s report in the house.
Presenting the report in the house, Naek said that the report has been finalized after extensive deliberations by the committee members.
He said key recommendations were also incorporated to ensure judicial accountability, institutional balance and equal representation of all provinces in the proposed Federal Constitutional Court.
He said the committee thoroughly reviewed the draft bill clause by clause and suggested changes regarding appointments of judges, the process of transfer of judges through the Judicial Commission of Pakistan, the scope of suo motu powers and the time limit for interim stay orders in revenue-related cases.
He informed the House that the committees held two full-day meetings attended by members from all political parties and special invitees.
The discussions are aimed at improving institutional balance, judicial accountability and federal harmony in accordance with the principles of the Charter of Democracy (CoD), signed by Shaheed Mohtarma Benazir Bhutto and Mian Muhammad Nawaz Sharif.
He went on to say that the Federal Constitutional Court proposed in the bill would have equal representation from all provinces as well as the Islamabad High Court, ensuring inclusive participation of federating units in constitutional interpretation.
The eligibility criteria for appointment of judges was changed – the required experience of a Supreme Court judge was reduced from seven to five years to widen merit and inclusion, he said.
He said that the Judicial Commission of Pakistan, previously established under the 26th Amendment, would now include, in addition to a woman or a non-Muslim member, a technocrat appointed by the Speaker of the National Assembly who possesses qualifications equivalent to a member of Parliament.
On the suo motu powers, Senator Naek said the committee retained the authority but added a judicial restraint – the Federal Constitutional Court could only exercise jurisdiction under Article 184(3) after a formal application and after satisfying itself that constitutional intervention was necessary in the public interest.
Explaining the transfer of judges, Farooq Naek said that the earlier proposal that allowed the President to transfer judges between Supreme Courts had been revised. Now the Judicial Commission of Pakistan will recommend such transfers after hearing the Chief Justices concerned and the judge involved. If a judge refused transfer, a reference would be made to the Supreme Judicial Council to determine valid reasons in lieu of automatic retirement, thereby preserving judicial dignity and due process, he said.
On temporary stay orders under Article 199, he said the committee amended the clause to deal with cases of extended revenue. Now, if an eviction order remained pending for more than a year without a final judgment, it would automatically stand, enabling the recovery of frozen revenue and speeding up judicial efficiency.
On presidential immunity, Naek said the original clause giving the president lifetime immunity was revised. The committee decided that immunity would not apply if the former president holds public office after leaving the presidency, although it remains valid during the presidency.
“These reforms,” he said, “are designed to maintain judicial independence with accountability, institutional balance and the supremacy of Parliament while preserving constitutional harmony,” he said.
Later, Naek thanked the members of both committees for their participation, especially the Chairman of the National Assembly Standing Committee on Law and Justice, Chaudhry Muhammad Bashir Virk, and appreciated the assistance of Law and Justice Minister Azam Nazeer Tarar and his team for their support.
