The National Assembly passed the 27th Constitutional Amendment Bill with a two-thirds majority, as 234 members voted in its favour after its clause-by-clause approval.
As per details, four members voted against the bill.
According to the details, four clauses from the version of the bill earlier approved by the Senate have been deleted, three clauses have been amended, and one new clause has been added.
Under the approved changes, the current chief justice will continue to be known as the chief justice of Pakistan. Furthermore, the president, auditor general, and chief election commissioner will now take their oaths before the chief justice of Pakistan.
The amendment was passed with 233 votes in favour, and four votes against, which were polled by the Jamiat Ulema-e-Islam members. The rest of the opposition had staged a walkout.
As per the newly added provision, after the retirement of the current chief justice, the senior-most judge among the chief justices of the Constitutional Court and the Supreme Court will be designated as the chief justice of Pakistan.
Motion passed with two-thirds majority
Earlier, the National Assembly approved the motion for tabling the 27th Constitutional Amendment with an overwhelming two-thirds majority.
The session, chaired by Speaker Ayaz Sadiq, witnessed 231 votes in favour of the motion initially and only four votes against it. Later, as PPP leader Khurshid Shah arrived in the House in a wheelchair, the coalition’s strength increased to 233 members, further solidifying the government’s majority.
Law Minister Azam Nazir Tarar presented the 27th Constitutional Amendment Bill with eight new clauses for clause-by-clause approval before the House. Members were instructed by the speaker to stand in support of each clause during the voting process.
The law minister said that the process of amending laws and the Constitution is evolutionary, emphasizing that “all aspects of the constitutional amendment have been placed before the House.”
He assured that the amendment aims to clarify all ambiguities regarding the post of chief justice. “Yahya Afridi will remain the chief justice,” Nazir Tarar added during his remarks.
Clause-by-clause passage, opp walkout
The process for approval of the 27th Constitutional Amendment clause by clause was underway, with consistent support from the House:
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Clause 1 of the 27th Amendment was approved with 233 votes in favour and four votes against.
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The amendment to Clause 2A of Article 10, which added the word “Supreme Court”, was also passed with a two-thirds majority.
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The amendment to Article 17, which introduces the term “Federal Constitutional Court” in place of “Supreme Court,” was approved by 233 members, with four opposing votes.
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Another amendment to include “Supreme Court” within Clause 2A of Article 10 was adopted unanimously, with no votes in opposition.
Supreme Court suo motu, other powers
In a significant development, the Supreme Court’s suo motu powers have been abolished. The amendment transferring suo motu authority to the Constitutional Court was approved by a two-thirds majority.
Further amendments deleting Article 184 from the Constitution of Pakistan, as well as Article 186, Article 191A, and Clause 3 of Article 193, were also approved by the House with a two-thirds majority.
The amendment to Article 200, which limits the powers of the president to transfer judges, was approved by a two-thirds majority in the National Assembly.
Under the new amendment, the president will only be authorized to transfer any judge of a high court on the recommendation of the Judicial Commission. The chief justice of the concerned high court will also serve as a member of the Judicial Commission in cases involving the transfer of judges from that court.
Also Read: Rana Sanaullah confirms more changes to 27th Amendment
Additionally, an amendment transferring the authority to move judges to the Supreme Judicial Commission was also approved. The amendment specifies that the chief justice of a high court shall not be transferred, and no judge senior to a chief justice may be transferred if doing so would affect the seniority of any other court.
It further states that a transferred judge shall not be senior to the chief justice of the court to which they are being moved. In case a judge refuses a transfer, a reference will be filed against them in the Supreme Judicial Council (SJC). The Supreme Judicial Council will be required to decide the reference within 30 days, during which the concerned judge will not be allowed to perform judicial duties.
An additional amendment providing pension and benefits for a fixed period in case of retirement was also approved.
A reference will also be filed in the Supreme Judicial Council against judges of the Supreme Court or high courts who refuse an appointment to the Federal Constitutional Court. Such judges will, however, have the right to present their case before the SJC.
An amendment to Article 209 was also approved by a two-thirds majority, which provides for the formulation of new rules for the Supreme Judicial Council within 60 days.
Also Read: Minister questions lifetime immunity for president under 27th Amendment
Under the revised structure, the chief justice of the Federal Constitutional Court and the chief justice of the Supreme Court will both serve as members of the Judicial Council, along with two senior judges from each of these courts.
The amendment also allows that the chief justice of the Supreme Court or the chief justice of the Federal Constitutional Court may jointly nominate a judge from either court for a term of two years.
Furthermore, two senior judges from the high courts will also become members of the Judicial Council, while the most senior judge between the chief justice of the Supreme Court and the chief justice of the Federal Constitutional Court will serve as the head of the Council.
During the session, the opposition members staged a walkout, leaving only four members of the Jamiat Ulema-e-Islam (JUI) present in opposition.
New amendments
Earlier today, the Prime Minister's Adviser on Political Affairs Rana Sanaullah said that new amendments related to the 27th Constitutional Amendment have been included unanimously and will be presented again in the Senate for approval.
In a statement, the senator clarified that the revised amendments will be tabled “to the extent of the new provisions”, and reaffirmed the government’s commitment to constitutional accountability.
“If anyone violates Article 6, they should be punished,” Rana Sanaullah asserted, referring to the constitutional clause that deals with high treason.
In a separate interview with Samaa TV, Attorney General of Pakistan Mansoor Awan claimed that the 27th Constitutional Amendment Bill will be passed by the National Assembly today.
Meanwhile, Federal Minister for Food Security Rana Tanveer Hussain raised serious concerns over the lifetime immunity granted to the president under the proposed 27th Constitutional Amendment, saying it would have been “better if the president had not taken such an exception".
Speaking to Samaa TV at Parliament House, Rana Tanveer said that while the president, prime minister, and ministers already enjoy immunity during their official tenure, granting lifelong protection could set a problematic precedent.
“The prime minister and ministers also have some degree of exemption during their work, which is justified because they cannot keep going to courts repeatedly,” he said. “However, I don’t understand why the president needed lifetime immunity — he can better explain it himself.”
