27th Constitutional Amendment Bill clears Senate hurdle

ISLAMABAD: The contentious bill for the 27th Constitutional Amendment sailed through the Senate on Monday after 64 lawmakers voted in its favour, with members of the opposition staging a noisy walkout.

The government and its coalition partners secured a two-thirds majority in the vote following the defection of two opposition members. PTI’s Senator Saifullah Abro and JUI-F’s Senator Ahmad Khan have both voted in favour of the 27th Constitutional Amendment.

The ruling coalition has 65 votes in the Senate, with the PPP’s 26, PML-N’s 20, Balochistan Awami Party’s four, Muttahida Qaumi Movement’s three, Awami National Party’s three, one each of the National Party, Pakistan Muslim League-Quaid and seven from independent lawmakers.

The bill, which had stirred controversy in the country for weeks, was presented in the Senate by Law Minister Azam Nazeer Tarar, while Senate Chairman Syed Yousaf Raza Gilani presided over the proceedings.

Initially, a clause-by-clause voting was carried out. Later, voting by division was conducted, with the entry and exit gates of the Senate closed as per the protocol.

Before the passage of the bill, opposition benches erupted in protest, chanting slogans against the government and its coalition partners. Lawmakers tore up copies of the bill and hurled them toward the Tarar’s table as he began to present it.

Most opposition members then staged a walkout, while a few stayed briefly to continue sloganeering before exiting the chamber — paving the way for the smooth passage of the bill.

Shortly after the passage of the bill, Deputy Prime Minister and Foreign Minister Ishaq Dar took to the floor of the house and termed the amendment a “historic bill”, saying that it was an “unfinished agenda” of the 2006 Charter of Democracy signed by almost all political parties in 2006.

“There was a feeling to maintain balance, and thus a constitutional court is being formed for the betterment of the judiciary,” he said.

Earlier today PPP’s senator Farooq H Naek tabled the report in the Senate. Following that, Chairman Gilani asked for the opposition members to be called to the house as well, pointing out that Naek would now elaborate on the reporting.

Naek told the house that the joint committee deliberated on the bill for two days and made “many changes”.

Sharing further details, he said the bill proposed the establishment of a Federal Constitutional Court (FCC), which the committee “unanimously” approved with some changes to the relevant clause.

Outlining those changes, he said there would be equal representation of all provinces in the FCC, and it would also include a representative from the Islamabad High Court.

Naek further said that the committee also agreed that if an appointment was made to the FCC from among sitting Supreme Court judges, the inter-se seniority of the appointee would remain the same as at the time of the appointment. However, in the case of a fresh appointment of a lawyer or a high court judge, the seniority would be reckoned from the date on which they would assume office.

Moreover, he continued, if multiple judges would take the oath on the same day, their seniority would be determined on the basis of their age.

He added that the Judicial Commission of Pakistan (JCP) was reconstituted under the 26th Constitutional Amendment, with the speaker being authorised to nominate a woman or a non-Muslim candidate to become a member.

The committee changed this to include a technocrat, Naek said. “So now, the speaker can nominate a woman, non-Muslim or technocrat who qualifies to be a member of Parliament for the JCP.”

He highlighted that currently, the SC had suo motu powers and could invoke Article 183 of the Constitution to take up a case at its discretion. Staff Report