Senate session begins to discuss 27th constitutional amendment

The Senate session to deliberate on the proposed 27th Consitutional Amendment has begun under the Chairmanship of Yousaf Raza Gilani.

PTI Senator Ali Zafar addressed the Senate, cautioning that the proposed constitutional amendment would “sound the death knell for the Supreme Court.” He emphasised that the Constitution serves a vital role between the state and the people.

“The way you are amending 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 past military regimes had undermined the Constitution, the 18th Amendment had restored its fundamental spirit.

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

Zafar questioned the legitimacy of the current Parliament, asserting that “there is no national consensus on this amendment; 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 “warehouse” 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: Joint committee session commences to delibrate 27th consitutional amendment

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

Joint Parliamentary Committee

The federal government moved a significant constitutional reform package to the upper house as the proposed 27th Amendment Bill was formally presented in the Senate, following approval from the federal cabinet on Saturday (yesterday). The bill seeks to introduce major structural changes to Pakistan’s military command framework and judicial system.

The joint parliamentary committee of the Senate and National Assembly on Law and Justice has now officially begun its proceedings 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 post titled Chief of the Defence Forces would be created, effectively replacing the office of the Chairman Joint Chiefs of Staff Committee. The amendment outlines a revised chain of command by altering Article 243, which deals with the control and command of the armed forces.

The bill also proposes the establishment of a Federal Constitutional Court mandated to adjudicate constitutional disputes and provide authoritative interpretation of constitutional questions. For this purpose, a separate new chapter would be inserted into Part VII of the Constitution.

Read more: A soulless Supreme Court

In addition, the amendment seeks notable changes to Article 175A, which currently governs the appointment of judges to superior courts. The proposed modifications are aimed at reshaping 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 Parliamnetary Committee. The joint parliamentary committee approved the clause on the establishment of constitutional courts however, discussions regarding Article 243 continue.

The government coalition parties table three additional amendments, while ANP, BNP, and MQM also presented their proposals.

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

• MQM reached an agreement regarding amendments related to funding for local government representatives.

Federal Law Minister Azam Tarar spoke to the media stating,“The committee has completed 85 percent of its work." He added that proposals from MQM and other parties will be considered after due deliberation.“It is hoped the committee will complete its work by this evening."

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Opposition parties have raised concerns that the amendment is an attack on the Consitution of Pakistan, stating that they nationwide protests against the amendment are to commence today evening.

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 foundations 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 past 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 has effectively died. “They hold a majority in the Senate. Even if they didn’t, they would still find a way to impose their will. This will one day prove to be a spider’s web.”