The constitution rejected the 27th time

ISLAMABAD:

The ruling coalition led by the PML-N succeeded on Wednesday in getting the 27th constitutional amendment bill passed in the National Assembly amid noisy opposition protests.

The bill sought decisive changes to a number of articles that mainly deal with the judiciary and the military leadership

It was passed by a two-way voting process – split vote and clause-by-clause voting. Presented in the House for a vote by Law Minister Azam Nazeer Tarar, the bill will now be referred back to the Senate for the new amendments to be debated again and then passed by the Upper House.

National Assembly Speaker Ayaz Sadiq said the bill received 234 votes in favor and four against.

Earlier, clause-by-clause voting was conducted to adopt 59 clauses of the amendment. Later, a vote was conducted after division, with the entrance and exit gates of the House closed in accordance with parliamentary protocol.

Bells were rung for five minutes for members to leave the house and for two minutes to mark their return to the house.

The bill included 59 clauses, all of which were approved by the National Assembly with a two-thirds majority.

Meanwhile, opposition members, except those from Jamiat Ulema-e-Islam-Fazl (JUI-F), boycotted the House proceedings.

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.

The president and prime minister will play key roles in appointing judges, 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 district court judges, and any objections to such transfers will be reviewed by the Supreme Judicial Council.

The term of eligibility for Supreme 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 newly appointed 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 any 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.

Prime Minister Shehbaz Sharif, PML-N President Nawaz Sharif and PPP Chairman Bilawal Bhutto-Zardari also attended the proceedings.

Federal Minister for Law and Justice Senator Azam Nazeer Tarar congratulated the members on the passage of the 27th Constitutional Amendment.

As soon as PM Shehbaz, Nawaz and Bilawal entered the house, PTI members tore up copies of the bill and threw them at the PM’s chair. PML-N parliamentarians immediately created a human shield around the prime minister and Nawaz to protect them so that no PTI member could come close to them.

Furthermore, as soon as Tarar, who had introduced the bill during yesterday’s NA session, began the day’s speech, opposition members gathered near the speaker’s podium to register their protest. They then staged a walkout from the assembly.

The Law Minister said that consultations with the legal fraternity showed that there was confusion about the continuity of the Chief Justice of Pakistan post. “To remove this confusion, I will introduce an appropriate amendment where it will be clarified that the current CJP … will remain the CJP,” he added.

He also cited Article 6 of the Constitution and said that under the 18th Amendment, neither the Supreme Court nor any Supreme Court could ratify the repeal of the Constitution.

Now, the Law Minister said, the Constitutional Court was also added to the list to remove any confusion.

Meanwhile, Prime Minister Shehbaz Sharif on Wednesday congratulated the nation and members of the National Assembly for the passage of the 27th Constitutional Amendment Bill by a two-thirds majority, terming it a historic step towards strengthening democracy and national unity.

Speaking on the floor of the National Assembly, the Prime Minister thanked all political parties for demonstrating national integrity and consensus on the amendment and said the dream of establishing constitutional courts had been fulfilled after 19 years.

He expressed gratitude to President Asif Ali Zardari, President Pakistan Muslim League-N Muhammad Nawaz Sharif, Chairman Pakistan Peoples Party Bilawal Bhutto Zardari, Dr. Khalid Maqbool Siddiqui, Chaudhry Salik Hussain, Abdul Aleem Khan, Khalid Magsi, Aimal Wali Khan, and all relevant members of the House of Representatives, Isha Prime Minister and all the relevant members of the House of Representatives, Isha and Darqq. The parliamentary committee for their support for the adoption of the bill.

Shehbaz Sharif said that the establishment of the Constitutional Court was the pinnacle of democracy and added that the Chief Justice of Pakistan would continue to head the Judicial Commission of Pakistan, the Supreme Judicial Council and the Law and Justice Commission. He said the government would continue to seek guidance from the Supreme Judiciary in upholding the Constitution and the rule of law.

Paying tribute to late Senator Irfan Siddiqui, the Prime Minister said his services to the party, academia and the national discourse would always be remembered. “He was among Nawaz Sharif’s most loyal companions and his academic insight will remain a beacon of light for future generations,” he added.

He prayed for the grant of eternal peace to late Irfan Siddiqui and for strength and courage to his family members to bear the loss with patience.

Referring to the recent terrorist attacks, the Prime Minister strongly condemned the attack on Cadet College Wana and compared it to the tragic incident in Army Public School. He praised the Pakistan Armed Forces for safely rescuing all the students and eliminating the terrorists involved.

He also condemned the terror attack in Islamabad targeting the Judicial Complex which claimed 12 precious lives, including lawyers, and prayed for the eternal peace of the martyrs and speedy recovery of the injured.

The Prime Minister said that it was clear that elements from India and Afghanistan were involved in these terrorist incidents. “We have presented an indisputable proof of Indian involvement in the Jaffar Express attack to the world and no one challenged these facts,” he said, adding that the Khawarij terrorists would receive a befitting response from Pakistan’s security forces.

Shehbaz Sharif said that peace talks had been held in Doha and Istanbul with the Afghan interim government with the only condition that it curb the BLA and other terrorist groups using Afghan soil against Pakistan. “We want peace and stability in the region and expect Afghanistan to make sincere commitments to support Pakistan’s peace efforts,” he stressed.

The prime minister also highlighted the government’s recent diplomatic and defense successes, saying Pakistan’s victory in the “Marka-e-Haq” war against India in February and the government’s bold decisions had improved the country’s image globally.

He said the nation hailed the conferment of the title of Field Marshal on the Chief of Army Staff General Syed Asim Munir after that victory, saying that the post of Field Marshal was now made part of the constitution along with other service chiefs which they fully deserve.

Reiterating his commitment to strengthening the federation, the prime minister said he stood by all measures that empowered the federation and the provinces and opposed anything that weakened national unity.

He said the security forces were at the forefront of the war against terrorism and sacrificed their lives for the peace and security of the nation.

On the issues related to the 18th Amendment and the NFC award, the Prime Minister said he would hold consultations with the PPP and other political parties to build consensus to resolve these critical national issues.

“We have to move forward together for the development and prosperity of Pakistan,” the Prime Minister said.

The opposition announces a protest

The opposition alliance has announced a nationwide political movement from Friday against the 27th constitutional amendment, which promised to restore the powers of the judiciary and the office of the chief justice, which they claim have been curtailed by the amendment.

“The office of the Chief Justice has been abolished – we will restore it,” advocate Gohar declared. “We will restore the dignity and powers of the judiciary,” he added, arguing that while judicial reforms may be necessary, the government’s current approach to judges was “unacceptable.”

Flanked by lawyer Gohar, Mahmood Khan Achakzai announced that the opposition’s protest campaign would begin on Friday. He stressed that the movement would remain peaceful and that its aim was to restore the people’s mandate, which he said had been “stolen”.

Achakzai said the campaign would combine domestic demonstrations with diplomatic outreach. “We will protest and we will not even throw a stone,” he vowed. “We will also write to foreign envoys urging them to reconsider or terminate any agreements made with the current government.”

“We are ready for negotiations, but our position is clear – the constitution must prevail and the people’s mandate must be respected,” he said.