The Senate session begins debating the 27th constitutional amendment

The Senate meeting to discuss the proposed 27th constitutional amendment has begun under the chairmanship of Yousaf Raza Gilani.

Addressing the Senate, PTI Senator Ali Zafar warned that the proposed constitutional amendment would “deal the death knell for the Supreme Court.” He emphasized that the constitution serves a crucial role between the state and the people.

“The way you change the constitution is like destroying a structure,” Zafar said, drawing a stark comparison between the changes and the demolition of a building. He recalled that while previous military regimes had undermined the Constitution, the 18th Amendment had restored its founding spirit.

He emphasized that Parliament is formed by the people’s vote and that the constitution guarantees the fundamental rights of citizens. An independent judiciary, he added, is the guarantor of democracy, with civil supremacy as a core principle.

Zafar questioned the legitimacy of the current parliament, claiming that “there is no national consensus on this change; this parliament was formed through a flawed election.” He accused the amendment of undermining judicial independence, effectively reducing the Supreme Court to a “Supreme District and Sessions Court”.

He also warned that the new constitutional courts are unnecessary, describing them as a “repository” for cases that will primarily involve disputes between the public and the government.

Opposition members attended the Senate session wearing black armbands in protest.

Read: The joint committee meeting begins to discuss the 27th constitutional amendment

Condemning provisions that allow the executive to transfer judges at will, Zafar said judges who refuse transfers would be forced to retire, giving the executive full control over the judiciary.

Parliamentary committee

The Federal Government moved a significant constitutional reform package to the Upper House when the proposed 27th Amendment was formally tabled in the Senate following the approval of the Federal Cabinet on Saturday (yesterday). The bill seeks to introduce major structural changes to Pakistan’s military command framework and legal system.

The Senate and National Assembly Joint Parliamentary Committee on Law and Justice has now officially begun its work to discuss the 27th Constitutional Amendment. The Joint Committee is expected to approve the draft of the 27th Constitutional Amendment today.

Under the proposal, a new position titled Chief of the Defense Forces would be created, effectively replacing the office of the Chairman of the Joint Chiefs of Staff Committee. The amendment outlines a revised chain of command by amending Article 243, which deals with the control and command of the armed forces.

The bill also proposes the creation of a Federal Constitutional Court with the mandate to decide constitutional disputes and provide authoritative interpretation of constitutional issues. For this purpose, a new new chapter will be inserted in Part VII of the Constitution.

Read more: A soulless Supreme Court

Additionally, the amendment seeks notable changes to Article 175A, which currently governs the appointment of judges to superior courts. The proposed changes aim to reshape the process of judicial appointments in line with the new Constitutional Court framework.

According to sources close to the matter, amendments to Article 200 have been approved by the Joint Parliamentary Committee. The Joint Parliamentary Committee approved the clause establishing constitutional courts, but discussions on Article 243 continue.

The ruling coalition parties tabled three more amendments, while the ANP, BNP and MQM also tabled their proposals.

• The ANP presented a proposal to rename Khyber Pakhtunkhwa by removing “Khyber”, arguing that Khyber is a district and that other provinces do not include district names in provincial titles.

• The MQM agreed on changes to the funding of local government representatives.

Speaking to the media, Federal Law Minister Azam Tarar said, “The committee has completed 85 percent of its work.” He added that proposals of MQM and other parties will be considered after due consideration. “It is hoped that the committee will conclude its work tonight.”

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Opposition parties have expressed concern that the amendment is an attack on Pakistan’s constitution and are declaring nationwide protests against the amendment to begin tonight.

Mahmood Khan Achakzai has stated “We are people who love Pakistan. I have taken an oath to defend the constitution five times. This attack is an attack on the very foundation of the country,” adding that the functioning of parliament will not be allowed.

Senator Raja Nasser Abbas told the media: “This is creating another god,” he said, drawing parallels with previous military rulers. “Ayub Khan and Zia-ul-Haq imposed martial law and Yahya Khan tried to divide the country. Our nation is now heading towards fascism.”

He claimed that the constitution in the country is actually dead. “They have a majority in the Senate. Even if they didn’t, they would still find a way to impose their will. This will one day turn out to be a cobweb.”