The Senate passes the 27th Constitutional Amendment again, item-by-item voting begins

The Senate approved the 27th constitutional amendment bill after a second round of voting on Thursday, despite protests from the opposition. The clauses in the amendment had already been approved by a two-thirds majority.

The bill, which was previously passed by the National Assembly on Wednesday, includes 56 paragraphs and was presented in the Senate in the same form. JUI-F members remained present in the House while defecting senators Saifullah Abro and Ahmad Khan of PTI and JUI-F joined the session to cast their votes.

The Senate President directed members who voted to move to the right side of the House and those who opposed the lobby to the left side. He also ordered the bells to be rung to seal the lobby doors, which were subsequently closed.

After Senate approval, the 27th Constitutional Amendment Bill will be sent to the President. The Ministry for the Danish Parliament forwards the bill, and after the Speaker’s consent, the Ministry of Law publishes an announcement in the daily newspaper.

Senate meeting

Questions about Senator Saifullah Abro’s resignation were raised with Pakistan Tehreek-e-Insaf Senator Ali Zafar stating that Abro has been disqualified from the party under Article 63A for voting against party politics in the Senate’s vote on the 27th Amendment on Monday.

He criticized the 27th Constitutional Amendment, calling it “born of deceit and lies” and claiming it lacked public support. He also expressed concern over the hasty establishment of the Federal Constitutional Court, saying it was motivated by fear of an imprisoned political figure.

JUI-F’s Kamran Murtaza also stated that JUI-F’s senator who voted against the party policy will also be disqualified from the party under Article 63A. “The bill that is coming and we will vote against it and notice this, it is the decision of our party leaders”.

However, Law Minister Azam Nazeer Tarar argued that “They would know the Constitution more than me. According to 63A, it is not like the moment he casts his vote, he is disqualified; the party leader can send a reference against you. We should not score in such a political way. You put him down. This goes to the Election Commission and the individual has a right to be heard”.

Tarar explained the procedures for members to vote against party directives. He outlined that a party leader can refer a member to the electoral commission if they vote contrary to party instructions, including on budget changes.

The member’s defense is heard before a reduction notice is issued. Members retain the right to decide whether to vote or abstain, and appeals against disqualification may be made directly to the Supreme Court.

He also noted that resignations must be submitted in writing, as there is no formal record of resignations offered on the floor of the House. Tarar cited the example of Pakistan Tehreek-e-Insaf (PTI), which filed a petition in the Lahore High Court for resignation, resulting in members receiving ten months’ salary following a court order. The Speaker of the National Assembly has since appealed the decision.

Senator Ali Zafar argued that the votes of two members who had withdrawn or been disqualified should not be counted and warned that including them could lead to a challenge to the entire process.

Senator Kamran Murtaza said if a member has been removed from a party, it is justified to invoke Article 63A, noting that party leaders have the authority to direct members for votes. He emphasized that the party’s position should be followed for the upcoming bill.

Law Minister Tarar clarified that under Article 63A, members are not automatically disqualified when they cast a vote. A party leader can send a referral to the electoral commission, which holds a hearing, and the members have the right to complain. Tarar added that resignations must be submitted in writing before they can be acted upon, citing previous PTI applications challenging resignations on procedural grounds.

Chairman of the Senate, Yousaf Raza Gillani, participated in the debate and stated, “I have not received any such notice; I should have got it or the Election Commission”.

Further changes

The amendment includes the removal of amendments previously made to Article 255, Article 214 and Clause 2 of Article 168, as well as the deletion of the amendment to Article 42. The Senate had previously approved these four amendments in the original 27th Constitutional Amendment, but they were later removed through further amendments by the National Assembly.

The National Assembly also approved new amendments to Clause 2A of Article 6 and Clause 2A of Article 10, along with further amendments to Articles 176 and 260. The amendments also clarify the position of the Chief Justice of Pakistan and include the Federal Constitutional Court in Clause 2A of Article 6.

He further said that the amendment confirms that Justice Yahya Afridi will continue as the Chief Justice of Pakistan. Minor changes have also been made to Article 6, which now includes a reference to a constitutional court.

The first reports propose changes to Article 6 paragraph 2A, which relates to treason. This was reported by sources within the PPP Express Pakinomist that the name of the Federal Constitutional Court will also be included alongside the Supreme Court.

According to the proposed amendment, any form of treason mentioned in sub-clause one or two shall not be validated by any court including the Federal Constitutional Court, Supreme Court or Supreme Court.

In total, eight additional amendments were made in the National Assembly and will now be sent to the Senate for approval.

Debate on Senator Abro’s resignation

Asked about the voting position on the amendment in the Senate, Senator Ali Zafar told the media that Senator Saifullah Abro had tendered his resignation so he cannot vote.

Criticizing the bill, he said: “It is unfortunate that the bill that passed the Senate contained errors and today it has had to be withdrawn. This raises questions in the Senate. We will see today who they bring in to vote”.

Read: 27th constitutional amendment sails through the National Assembly with a two-thirds majority

However, Chairman of the Senate Yousaf Raza Gillani has stated that the Senate has already approved the 27th constitutional amendment. “The opposition has got the improvements it wanted in the 27th amendment,” he added.

He confirmed that Saifullah Abro’s written resignation has not been accepted. “Saifullah Abro’s resignation, if it reaches me, I can call him in. It is possible that I can persuade him not to submit it,” the Senate chairman said.

Despite the fact that Abro’s resignation has been tendered in Parliament, the senate’s secretariat has not initiated a formal procedure, and the chairman has refrained from verifying or sending the case on for further consideration. Consequently, a reference under Article 63-A, which deals with disqualification on the ground of abandonment, has also not been forwarded.

Senator Abro, who had defected from the PTI after voting in favor of the 27th constitutional amendment, had tendered his resignation to the upper house earlier.

Opposition 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 it aimed 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.”

After the 27th constitutional amendment, sources revealed to The Express Pakinomist that judges are considering whether to tender their resignations.

It is learned that two Supreme Court judges are seriously considering the possibility of stepping down from their posts. On the other hand, some judges encourage them to fight for the independence of the institution in the system.

Read more: The Senate approves the 27th Amendment by a two-thirds majority

Meanwhile, a lawyers’ congress of the Karachi Bar has strongly condemned the passage of the 27th Amendment terming it as a betrayal of the parliamentarians’ oath to defend and preserve the Constitution. The amendment dismantles one of the three constitutional pillars of the state, namely the judiciary, and replaces the Supreme Court with a federal court handpicked by the Prime Minister

. “We further condemn Chief Justice Yahya Afridi and those members of the Supreme Court (especially its Constitutional Court) who have shown their complete indifference over the last year to the destruction of an independent judiciary simply to retain their well-paid offices.”

Senate approval

The Senate on Monday approved the 27th Constitutional Amendment Bill 2025 with a two-thirds majority amid uproar from opposition members. Opposition members of the Pakistan Tehreek-e-Insaf (PTI) staged strong protests in the chamber, tore up copies of the bill and shouted slogans in front of the speaker’s podium.

To pass a constitutional amendment in the Senate, a two-thirds majority is required, which means that 64 out of 96 senators must vote in favor.

Hover over the graphic below to see the distribution of seats in the Senate.

The ruling alliance currently holds 63 of the 96 Senate seats. Senator Irfan Siddiqui is undergoing treatment in the hospital and Senate Chairman Yousaf Raza Gillani is also unable to cast his vote, complicating the government’s efforts. To secure approval, the Pakistan Muslim League-Nawaz (PML-N) and the Pakistan Peoples Party (PPP) are coordinating efforts to win the support of the national party’s senators.

Within the coalition, the PML-N has 20 seats, the PPP 26, while the Balochistan Awami Party (BAP) has four, the Muttahida Qaumi Movement (MQM) three and one each from the National Party and the Pakistan Muslim League-Quaid (PML-Q).

Read also: The opposition promises to make the government “miserable”

Independent senators aligned with the government – Abdul Karim, Abdul Qadir, Mohsin Naqvi, Anwar-ul-Haq Kakar, Asad Qasim and Faisal Vawda – are also expected to support the amendment. On the opposition side, independent senator Naseema Ehsan and three senators from the Awami National Party (ANP) have pledged their votes.

The 27th constitutional amendment

The proposed changes include four core proposals:

Articles 199 and 200

  • The President has the power to transfer High Court judges between provinces on the recommendation of the Judicial Commission
  • A judge who refuses transfer is considered retired

Article 248

  • A new clause gives the president lifelong legal immunity
  • If the President is re-elected to office, immunity is waived for the duration of their time in public office

Article 243

  • The office of the Chairman of the Joint Chiefs of Staff Committee will be abolished as of 27 November 2025.
  • Strategic military authority to be concentrated under the Chief of Defense Forces.
  • Officials granted constitutional protection can only be removed through the Article 47 procedure.
  • Presidential immunity under Article 248 extended to these officers.

Federal Constitutional Courts (New Chapter – Part VII)

  • FCC to have original jurisdiction over unconstitutional disputes between government and fundamental rights enforcement cases
  • Pending petitions or appeals in the Supreme Court or its constitutional courts under this jurisdiction must be transferred to the FCC.
  • Abolishes SC suo motu powers and deletes Article 184, 186 and 191A.

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