Constitution rejigged yet again

Opposition rips up copies of 27th Bill; 234 MNAs vote in favour, four against; PM hails passage as historic milestone

ISLAMABAD:

The ruling coalition led by the PML-N on Wednesday succeeded in getting the 27th Constitutional Amendment Bill passed through the National Assembly amid noisy protest by the opposition.

The bill sought crucial changes to a number of articles mostly dealing with the judiciary and the military leadership

It was passed by a two-way voting process - voting by division and clause-by-clause voting. Presented in the house for voting by Law Minister Azam Nazeer Tarar, the bill will now be referred back to the Senate for the new amendments to be debated upon again and then will be passed by the upper house.

National Assembly Speaker Ayaz Sadiq said the bill received 234 votes in favour and four against.

Earlier, clause-by-clause voting was carried out to pass 59 clauses of the amendment. Later, voting by division was conducted, during which the entry and exit gates of the House were closed as per parliamentary protocol.

Bells were rung for five minutes for members' exit from the house and for two minutes to mark their return to the house.

The bill comprised 59 clauses, all of which were approved by the National Assembly with a two-thirds majority.

Meanwhile, opposition members, except those from the Jamiat Ulema-e-Islam-Fazl (JUI-F), boycotted the proceedings of the house.

As per the new provisions, the Chief of Army Staff will assume the role of Chief of Defence Forces. The titles of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet will remain for life. A Federal Constitutional Court will be established with equal provincial representation.

The president and the prime minister will play key roles in judicial appointments, while some powers of the Supreme Court will be transferred to the new court.

Similarly, the Judicial Commission will decide on the transfer of high court judges, and any objections to such transfers will be reviewed by the Supreme Judicial Council.

The eligibility period for high court judges for appointment to the Federal Constitutional Court has been reduced from seven to five years.

The seniority of sitting Supreme Court judges appointed to the new court will remain intact, while seniority among new appointees from the bar or high courts will be determined by age.

The Judicial Commission of Pakistan (JCP) has been expanded to include, in addition to a woman or non-Muslim member, a technocrat nominated by the Speaker of the National Assembly, qualified to become a member of Parliament, ensuring broader merit-based representation.

The suo motu powers will now be exercised by the Federal Constitutional Court upon written application and after the court's satisfaction that constitutional grounds exist for intervention, ensuring transparency and judicial restraint.

The amendment extends the stay order period in revenue and taxation cases from six months to one year. If a case remains undecided beyond that period, the stay will automatically stand vacated, enabling timely recovery of public revenue.

On the transfer of judges, the bill authorizes the Judicial Commission of Pakistan to process inter-court transfers. If a judge decline transfer without valid reason, the matter will be referred to the Supreme Judicial Council for a hearing before any decision is made.

The presidential immunity clause has been confined to the tenure of office only and will not apply if a former President assumes a public position after completing the term.

Prime Minister Shehbaz Sharif, PML-N President Nawaz Sharif and PPP Chairman Bilawal Bhutto-Zardari are also attended the proceeding.

Federal Minister for Law and Justice Senator Azam Nazeer Tarar congratulated the members on the passage of the 27th Constitutional Amendment.

As soon as PM Shehbaz, Nawaz, and Bilawal entered the house, PTI members tore up copies of the bill and threw them towards the PM's chair. PML-N parliamentarians immediately created a human shield around the premier and Nawaz to protect them, so that no PTI member could come close to them.

Moreover, as soon as Tarar, who had tabled the bill during yesterday's NA session, began today's speech, opposition members gathered near the speaker's dais to register their protest. After that, they staged a walkout from the assembly.

The law minister said that consultation with the legal fraternity showed that there was confusion about the continuity of the chief justice of Pakistan's position. "To remove this confusion, I will introduce an appropriate amendment in which it will be clarified that the current CJP … will remain the CJP," he added.

He also mentioned Article 6 of the Constitution, saying that, as per the 18th Amendment, neither the Supreme Court nor any high court could ratify the abrogation of the Constitution.

Now, the law minister said, the constitutional court was also added to the list to remove any confusion.

Meanwhile, Prime Minister Shehbaz Sharif on Wednesday felicitated the nation and the members of the National Assembly on the passage of the 27th Constitutional Amendment Bill with a two-thirds majority, terming it a historic step towards strengthening democracy and national unity.

Speaking on the floor of the National Assembly, the prime minister thanked all political parties for demonstrating national integrity and consensus on the amendment, saying that the dream of establishing constitutional courts had been fulfilled after 19 years.

He expressed gratitude to President Asif Ali Zardari, President Pakistan Muslim League-N Muhammad Nawaz Sharif, Chairman Pakistan Peoples Party Bilawal Bhutto Zardari, Dr Khalid Maqbool Siddiqui, Chaudhry Salik Hussain, Abdul Aleem Khan, Khalid Magsi, Aimal Wali Khan, Deputy Prime Minister Ishaq Dar, the law minister, and all members of the House and the relevant parliamentary committees for their support in the passage of the bill.

Shehbaz Sharif said the establishment of the constitutional court was the peak of democracy, adding that the Chief Justice of Pakistan would continue to lead the Judicial Commission of Pakistan, the Supreme Judicial Council, and the Law and Justice Commission. He said the government would continue to seek guidance from the top judiciary in upholding the Constitution and the rule of law.

Paying tribute to late Senator Irfan Siddiqui, the prime minister said his services to the party, academia, and national discourse would always be remembered. "He was among the most loyal companions of Nawaz Sharif, and his academic insight will remain a beacon of light for future generations," he added.

He prayed for the grant of eternal peace to late Irfan Siddiqui and for strength and courage to his family members to bear the loss with patience.

Referring to the recent terror attacks, the prime minister strongly condemned the attack on Cadet College Wana, likening it to the tragic Army Public School incident. He lauded the Pakistan Armed Forces for safely rescuing all students and eliminating the terrorists involved.

He also condemned the terror attack in Islamabad targeting the Judicial Complex, which claimed 12 precious lives including lawyers, and prayed for the eternal peace of the martyrs and the speedy recovery of the injured.

The prime minister said it was evident that elements from India and Afghanistan were involved in these terrorist incidents. "We have presented undeniable proof of Indian involvement in the Jaffar Express attack before the world, and no one challenged those facts," he said, adding that the Khawarij terrorists would receive a befitting response from Pakistan's security forces.

Shehbaz Sharif said that peace talks had been held in Doha and Istanbul with the Afghan interim government with the sole condition that it curb the BLA and other terrorist groups using Afghan soil against Pakistan. "We desire peace and stability in the region and expect Afghanistan to make sincere commitments to support Pakistan's peace efforts," he emphasized.

The prime minister also highlighted the government's recent diplomatic and defence successes, saying Pakistan's victory in the "Marka-e-Haq" war against India in February and the government's bold decisions had enhanced the country's image globally.

He said the nation hailed the conferring of the title of Field Marshal on Chief of Army Staff General Syed Asim Munir following that victory, saying that the post of Field Marshal was now being made part of the Constitution alongside other service chiefs, which they fully deserve.

Reiterating his commitment to strengthening the federation, the prime minister said he stood by all measures that empowered the federation and provinces, and opposed anything that weakened national unity.

He said the security forces were at the forefront of the war against terrorism, sacrificing their lives for the peace and security of the nation.

On the issues related to the 18th Amendment and the NFC Award, the prime minister said he would hold consultations with the PPP and other political parties to build consensus for addressing these critical national matters.

"We have to move forward together for the development and prosperity of Pakistan," the prime minister said.