Islamabad: The Senate of Pakistan passed the 27th Constitutional Amendment Bill with a two-thirds majority on Monday, which aims to overhaul the military and judicial structures, amid the opposition's protest, who tore the document's copies. 64 votes were cast in favour of the Constitutional amendment and no vote was cast against the amendment.
Senate session was held under the Chairmanship of Syed Yousuf Raza Gilani.
Law Minister Chaudhry Azam Nazeer Tarar Advocate presented the 59-clause Bill, which received the required 64 votes (two-thirds majority in the 96-member House). It will now be presented in the National Assembly for voting. No member voted against it - as the opposition opted to boycott.
Apart from the treasury members, the Awami National Party (ANP), Pakistan Tehreek-e-Insaf (PTI)-backed Saifullah Abro and Jamiat Ulema-e-Islam-Fazl's (JUI-F) Ahmed Khan were among the senators who voted in favour of the amendment. Interestingly, Abro did not partake in the protest as well.
According to the amendment, the president may transfer a judge of a high court from one high court to another high court on the recommendations of and on such terms and conditions as may be determined by the Judicial Commission of Pakistan. For this purpose, the chief justices of both high courts shall also be members of the Judicial Commission of Pakistan.
The President shall, on advice of the Prime Minister, appoint the Chief of the Army Staff concurrently, the Chief of the Defense Forces. He also explained that the appointment of the chief of air staff and chief of naval staff will be made on the advice of the Prime Minister.
The office of the Chairman Joint Chiefs of Staff Committee shall stand abolished with effect from the twenty-seventh day of November 2025. The Prime Minister shall, on the recommendation of the Chief of the Army Staff concurrently the Chief of the Defense Forces, appoint the Commander of the National Strategic Command from the members of Pakistan Army and shall also determine his salaries and allowances. Where the Federal Government promotes a member of the Armed Forces to the rank of Field Marshal, Marshal of the Air Force or Admiral of the Fleet, such officer shall retain the rank, privileges and remain in uniform for life. Upon completion of the term of his command, under the law, the Federal Government shall determine the responsibilities and duties of Field Marshal, Marshal of the Air Force or Admiral of the Fleet in the interest of the State.
As per the constitutional amendment, no criminal proceedings whatsoever shall be initiated or continued against the president for his life and for a governor during his term of office in any court. These provisions shall not be applicable during the period the President holds a public office after he ceases to be the President.
Detailing the purpose of the legislation in the Bill's text, Azam Nazeer Tarar mentioned that the amendment came following proposals from political parties and various bar councils for the establishment of a Federal Constitutional Court (FCC).
'The proposal stems from the increasing number of constitutional petitions being filed before the Supreme Court, which has significantly impacted the timely disposal of regular civil and criminal cases,' he said.
The law minister said the establishment of a federal constitutional court was long awaited as it was amongst the fundamental points in the charter of democracy.
The federal constitutional court will hear cases relating to constitutional matters and interpretation of the constitution. The permanent seat of the Federal Constitutional Court shall be at Islamabad.
The law minister emphasised that the creation of the FCC was aimed at ensuring 'specialised adjudication of constitutional matters', and allowing the Supreme Court to focus on its 'appellate jurisdiction and reduce pendency'.
He said that the proposed FCC would comprise judges with expertise in constitutional law.
The amendments to Article 243 were incorporated to improve the procedural clarity and administrative structure of the armed forces, he said, noting that certain consequential amendments were also required to be made in the Constitution.
Earlier, Pakistan People's Party (PPP) Senator Farooq Hamid Naek presented a report of the joint parliamentary committee on the 27th Amendment bill in the Senate, with some tweaks made to the draft approved by the federal cabinet.
During the Senate session, the senior legislator mentioned that the report also includes the Bill. He stated that the committee had made several amendments to the draft. 'Some changes have been made in the text,' Naek said.
During the senate session PTI Senator Saifullah Abro announced to resign from Senate. Upon this chairman senate addressing Saifullah Abro said we will re-elect you.
Later on the Senate session was adjourned till 13th November at 4:00 PM.