27th Amendment draft bill reaches Senate with minor tweaks
Farooq Hamid Naek, Chairman of the Senate Standing Committee on Law and Justice, briefed the House on the deliberations regarding the 27th Constitutional Amendment. He said the joint committee session included all members and special invitees who proposed certain amendments.
“The opposition should also be called for these discussions,” he added. “The deliberations went on for two full days, often extending into the evening. The bill, as presented to the Senate by the committee, has undergone numerous changes”.
Federal Constitutional Court (FCC)
The original bill proposed establishing the FCC in place of the existing Constitutional Bench (CB). The committee revised this to ensure equal representation for all provinces, with the Islamabad High Court also having a representative.
High Court judge eligibility
The bill initially required judges appointed to the Constitutional Court to have served at least seven years in a High Court. The committee reduced this requirement to five years.
Seniority of Judges
For sitting Supreme Court judges appointed to the FCC, seniority will remain as it currently exists. For new appointments from High Courts, seniority will be counted from the day they assume office. If multiple judges take office on the same day, seniority will be determined by age.
Judicial Commission Representation
The committee retained representation for women and non-Muslims in the Judicial Commission and added representation for technocrats. If the Speaker nominates a member, priority can be given to a woman, non-Muslim, or technocrat.
Suo Motu powers
The FCC will have the authority to approve the Supreme Court’s suo motu powers if deemed appropriate.
Article 199 – Revenue matters
To address backlog issues, the committee introduced a six-month limit on interim stay orders in tax cases. If a case is not concluded within one year, the stay order will be vacated.
Transfer of Judges
Previously, transfers of High Court judges required the President’s approval with the consent of the Chief Justices of the courts involved. Under the revised proposal, transfers will be managed by the Judicial Commission of Pakistan, including input from parliamentarians, civil society, and the Pakistan Bar Council. Judges will be given an opportunity for a hearing before transfers are finalized.
Presidential Immunity
The bill originally proposed lifetime immunity for the President. Currently, the President has immunity only during their term. The committee has now approved lifetime immunity against criminal proceedings, with a caveat: the immunity will not apply if the individual holds public office after elections. However, it will be restored once they leave office.
Speaking during the Senate debate, Muttahida Qaumi Movement (MQM) parliamentary leader Faisal Ali Subzwari said the 27th Constitutional Amendment addressed crucial national issues, particularly the reforms under Article 243.
He said Pakistan had faced numerous challenges and, despite being a nuclear power, continued to confront threats due to short-sighted policies and indecisiveness. “We must once and for all acknowledge the difference between the Afghan Taliban and terrorism,” he said, adding that the nation should stand united in support of its armed forces.
Referring to the judicial reforms in the amendment, Subzwari questioned whether previous courts had benefited the common man. “Our concern is not about political gain, but about strengthening Pakistan and ensuring justice,” he said.
He also discussed the importance of empowering local governments, citing Article 140-A and related provisions. “We are grateful to the law minister, the mayor of Karachi, and the chief minister of Balochistan for taking this issue seriously,” he said.
Subzwari clarified that MQM’s stance on local governments was often misunderstood. “We are not rolling back the 18th Amendment — in fact, we are protecting it,” he said. “The rights of provinces must reach the people directly. This is not about taking power away from chief ministers or governors; it’s about strengthening democracy.”
He further noted that while the National Finance Commission (NFC) Award allocated 42.5 percent to the provinces, local governments had not received corresponding fiscal authority. “Every year, taxes increase. War is expensive, and funding it requires money. One percent for war efforts is being proposed — but will provinces contribute?” he asked.
Subzwari highlighted that despite the Sindh Revenue Board’s collections increasing from Rs11 billion in 2009 to Rs300 billion this year, the Provincial Finance Commission had not been implemented. “We are not demanding a reduction in the NFC share, but we do want a certain percentage guaranteed for the federal level,” he added.
He also expressed concern that mayors and local representatives were not receiving their due funds. “Each province must hold local government elections and grant them administrative, political, and fiscal authority. The law clearly requires this,” he said.
Concluding his remarks, Subzwari said the MQM’s proposals aimed at constitutional protection for local governments and ensuring true decentralisation. “I am hopeful that the 27th Amendment, which we have worked hard on, will move forward with consensus among all political parties,” he said.
During the session, Chief Minister of Balochistan and the Mayor of Karachi were present in the visitors’ gallery.
Earlier, a debate on the amendment was underway in the absence of House Chairperson Syed Yousaf Raza Gilani. The final draft of the amendment had been completed following last-minute negotiations between the government and the Pakistan Peoples Party (PPP), Federal Law Minister Azam Nazeer Tarar confirmed.
“Some changes were made, and they have been incorporated,” Tarar said, adding that the draft has now been sent for printing.
The announcement comes after hours of deliberations between party delegations, aimed at reaching a consensus on key provisions of the amendment.
Despite an apparent deadlock between the two major political parties and criticism from the opposition, the government is optimistic that the Amendment will pass. “The situation is tight, but we will manage to secure the required numbers. Voting will begin as soon as all members are present,” said Federal Law Minister Azam Tarar.
To pass a constitutional amendment in the Senate, a two-thirds majority is required, meaning 64 out of 96 senators must vote in favour.
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 Pakistan Peoples Party (PPP) are coordinating efforts to win support from National Party senators.
Within the coalition, the PML-N holds 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 Pakistan Muslim League-Quaid (PML-Q).
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 Awami National Party (ANP) senators have pledged their votes.
Once passed in the Senate, the amendment will move to the National Assembly, scheduled to meet at 4:30pm. With 326 sitting members out of 336, the ruling coalition already commands 237 votes, surpassing the 224 needed for constitutional amendments. The PML-N leads with 125 members, followed by the PPP with 74, MQM-P 22, PML-Q five, Istehkam-i-Pakistan Party four, and one each from PML-Z, BAP, and the National Party, along with four independents.
The opposition has criticised the amendment. On Sunday, the Tehreek Tahafuz Ayeen-e-Pakistan (TTAP) denounced it as an “assault on the Constitution” and “Pakistan’s 9/11,” announcing a nationwide protest campaign. The alliance plans to mobilise public opinion, engage trade organisations, and consult legal professionals, warning, “The judicial system is being dismantled. Lawyers will play a key role in this movement”.
There is no deadlock; we have the numbers in the Senate, says Federal Law Minister Azam Tarar
tribune.com.pk