Islamabad-The upper house of the country (Senate) has approved the 27th Constitutional Amendment by a majority vote.
Chairman Senate Yousaf Raza Gillani announced the result and said that 64 members voted in favor, no member voted against it, therefore the bill is passed.
Earlier, Federal Law Minister Azam Nazeer Tarar presented the motion for approval of the 27th Constitutional Amendment in the Senate, which was approved by a majority.
In the session presided over by Chairman Yousaf Raza Gillani, the Law Minister presented the amendments one by one in the House.
PTI senators protested strongly; they tore copies of the bill and started throwing them in the air, while opposition members gathered in front of the Chairman’s dais.
During clause-by-clause approval amid the opposition’s commotion, PTI Senator Saifullah Abro did not join the protest and voted in favor of the amendment.
JUI Senator Ahmed Khan and Senator Naseema Ehsan also voted in favor.
With this, the government succeeded in obtaining a two-thirds majority for the 27th Constitutional Amendment.
During the process, the amendment to Article 42 was approved by majority vote — 64 votes were cast in favor.
After opposition’s objection, the votes were recounted. The amendment to Article 42 regarding the establishment of a Constitutional Court was again approved by majority. The amendment to Article 59 was also approved by majority.
Chairman Senate announced that 64 votes were in favor.
The amendment replacing the word “Supreme” with “Federal Constitutional Court” in Article 63A was approved.
The amendment including reference to the Federal Constitutional Court in Article 68 regarding parliamentary debate was approved.
Amendment to Article 78 inserting reference to the Federal Constitutional Court was also approved.
At this point, PTI members left the House; only PTI Senator Saifullah Abro remained and voted in favor.
The amendment to Article 93 granting the Prime Minister the authority to appoint seven advisers was approved.
In Article 100, the word “Supreme” was replaced with “Federal Constitutional Court.”
Senators Falak Naz Chitrali and Fauzia Arshad kept chanting “thief, thief.”
Amendments were also approved to include the name of the Federal Constitutional Court in Article 114, increase the number of provincial advisers under Article 130, add reference to the Federal Constitutional Court in Article 165A, include mention of the Federal Constitutional Court of Pakistan in the definition under Article 175, and amend Article 175A.
Regarding the reconstitution of the Judicial Commission, it was approved to include one senior judge each from the Supreme Court and the Federal Constitutional Court.
Amendments to Article 175A regarding appointment of judges to the superior judiciary were approved, making the Chief Justice of the Federal Constitutional Court a member of the Judicial Commission.
According to the approved amendment, the Chief Justice of the Supreme Court will also be a member of the Judicial Commission, and one senior judge each from the Supreme Court and the Federal Constitutional Court will be members of the Commission.
Amendment to Article 175D was approved by majority, including the clause for re-administering oath to judges of the Constitutional Court.
Judges of the Constitutional Court will take oath under the Third Schedule of the Constitution of Pakistan.
According to the approved amendment, the decision of the Federal Constitutional Court will be binding on all courts in Pakistan, including the Supreme Court.
However, the decision of the Supreme Court will not apply to the Federal Constitutional Court.
Supreme Court judgments will apply to all courts of the country except the Constitutional Court.
All public interest cases will be transferred to the Federal Constitutional Court.
According to the amendment, a High Court judge with at least five years of service will be eligible for appointment to the Federal Constitutional Court.
Amendment granting representation to the Chief Justice of the Federal Constitutional Court in the Judicial Commission was also approved.
The Supreme Court’s suo motu powers have been abolished.
The powers of suo motu have been transferred to the Constitutional Court, and Article 184 has been deleted from the Constitution of Pakistan.
Amendments to delete Articles 186 and 191A were also approved.
Article 200 was amended to limit the powers of the President regarding transfer of judges.
According to the amendment, the President will have authority to transfer any High Court judge only on the recommendation of the Judicial Commission.
In the case of transfers, the Chief Justice of the concerned High Court will be a member of the Judicial Commission.
The amendment granting transfer authority to the Supreme Judicial Commission was also approved.
The Chief Justice of a High Court cannot be transferred.
No judge senior to a Chief Justice will be transferred.
A transferred judge cannot be senior to the Chief Justice of the other court.
If a judge refuses transfer, a reference will be filed against him in the Supreme Judicial Council.
Amendments granting pensions and privileges to retired judges were also approved.
If a judge refuses appointment as judge of the Federal Constitutional Court, a reference will be filed against him in the Supreme Judicial Council.
The Supreme Judicial Council will give the concerned judge access to the proceedings.
In case of retirement, pensions and privileges for a specified period will be granted.
Amendment to Article 209 regarding new rules of the Supreme Judicial Council to be made within 60 days was approved.
Chief Justices of the Federal Constitutional Court and Supreme Court will be members of the Council, along with two senior judges from each.
Any judge of the Supreme Court or Federal Constitutional Court may be nominated jointly by the Chief Justices for two years.
Two senior High Court judges will also be members of the Council.
The senior-most among the Chief Justices of Supreme Court and Federal Constitutional Court will preside over the Council.
Amendment to Article 243 was approved.
After clause 4 of Article 243, seven new clauses were added.
The title of “Chief of Army Staff” was changed to “Commander of the Defence Forces.”
The President, on the advice of the Prime Minister, will appoint the Commander of Defence Forces just like the Air Chief and Naval Chief.
The office of Chairman Joint Chiefs of Staff Committee will be deemed abolished from November 27, 2025.
The Prime Minister will appoint the Commander of National Strategic Command on the recommendation of the Army Chief.
The appointment will be made from among members of the Pakistan Army, with pay and allowances fixed by the federal government.
The federal government may promote a military officer to the rank of Field Marshal, Air Marshal, or Admiral Chief, with uniform and benefits for life.
Field Marshal, Air Marshal, and Admiral Chief will be regarded as heroes.
None of them can be removed except under Article 47.
The federal government will determine the duties and functions of these ranks.
The Field Marshal will have legal immunity under Article 248.
Amendment to Article 248 granting lifetime immunity to the President was also approved.
No legal action shall be taken against the President after leaving office.
However, if he holds any public office after leaving the presidency, this immunity shall end.
Amendments to the Third Schedule of the Constitution were approved, including inserting the words “Chief Justice Federal Constitutional Court” in the oath for the Chief Justice of the Constitutional Court.
The Senate approved 59 clauses of the 27th Constitutional Amendment by majority vote.
Afterward, Federal Law Minister Azam Nazeer Tarar formally presented the 27th Amendment Bill for approval.
Voting on the amendment began.
The doors of the House were closed and bells rang for two minutes before final voting was held.
Members cast their votes in favor of the 27th Amendment.
Proceedings of the Session
Presiding Officer Manzoor Kakar initiated discussion on the 27th Amendment.
Senator Agha Shahzaib Durrani said that this is not a personal matter but a national one.
He criticized PTI, asking why intra-party elections were not held, saying PTI lacks patience.
He added that 4,000 terrorists were released from prisons, saying, “That’s why we called him Taliban Khan — he supports the Taliban.”
He alleged that PTI’s founder voted for a dictator and manipulated the RTS in 2018.
He also said, “Who said in a rally that the Army Chief is the nation’s father? In three and a half years, more than 50 ordinances were issued.”
Senator Fauzia Arshad said there is no opposition leader in the Senate, though there should be one.
She claimed that the 27th Amendment tramples institutions and is based on personal interests.
PPP Senator Poonjomal Bheel said his party had made great sacrifices for the country and the Constitution, but the one who made the Constitution was killed extra-constitutionally.
He said he supports any amendments brought on political grounds.
He added that PTI’s founder made a deal with the Taliban, while Benazir Bhutto refused to compromise and was martyred.
He claimed that only Bilawal Bhutto can take the country out of crises.
Senator Abdul Qadir said that there is heavy case pendency in courts; after 50 years, the number of judges was increased, yet justice is still delayed.
He added that 250 billion rupees worth of tax cases are pending.
He argued that a Constitutional Court should be established.
He noted that Pakistan’s judicial system ranks 124th globally, and its criminal justice system 108th — reforms are needed.
He said that during the 26th Amendment, their proposed amendments were not heard; MQM, BNP, and PML-Q have also submitted proposals which should be accepted, and that at least one member of the provincial cabinet should be from a minority community.
Parliamentary Committee Report
The parliamentary committee report on the 27th Amendment was presented in the House by Chairman Committee Farooq H. Naek.
He said that the joint committee worked on the bill for two days, and many changes were made.
The bill included a proposal to create a Federal Constitutional Court.
He said that currently, constitutional benches exist in the Supreme Court, but the committee recommended that this new court should have equal representation from all provinces.
He said the requirement for seven years’ experience as High Court judge was reduced to five years.
He clarified that seniority of judges will not be affected if they are appointed to the Constitutional Court.
He said that if appointments are made from outside, their seniority will start from their joining date.
The power to appoint a non-member to the bench, earlier with the Speaker, will now include women, non-Muslims, or technocrats.
He added that the procedure for transfer of judges has also been changed — now transfers will be under the Judicial Commission.
If a judge refuses transfer, a reference will be filed against him, and the Commission will review it giving the judge an opportunity of defense.
Regarding immunity from criminal prosecution for the President, he said the committee reviewed the clause and added that if a retired President later becomes a public office holder, that immunity will not apply during that period.
Farooq H. Naek said that earlier, the Supreme Court had suo motu powers, but now those powers remain but are limited — the Constitutional Court will first review any such case.
He said that earlier, under Article 99, interim orders could remain for six months, causing huge backlog; now it has been extended to one year.
The method for transfer of judges has been changed — now such transfers will be made through the Judicial Commission of Pakistan.
If a judge objects to transfer, a reference will be filed instead of retirement.
He added that earlier the President was to be given lifelong immunity, but the committee changed it so that if the President becomes a public office holder after retirement, the immunity will not apply.
He thanked all committee members for their cooperation.
According to the report on the 27th Constitutional Amendment consisting of 49 amendments:
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The President will have lifelong immunity.
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Governors will have immunity only during their tenure.
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No criminal proceedings will be initiated against the President or Governors.
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The parliamentary committee made no changes to Article 243.
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Field Marshal, Marshal of the Air Force, and Admiral of the Fleet will also enjoy immunity.
Statements by Political Leaders
Talking to the media in Parliament House, PPP Senator Shahadat Awan said that the Constitutional Court is the need of the hour, and that detailed consultation was held regarding military command matters.
Deputy Prime Minister Senator Ishaq Dar, talking to the media, was asked, “Do you have the numbers?”
He replied, “Yes, Insha’Allah.”
When asked if the National Party will support the amendment, he said, “You’ll see during the voting.”
Before the 27th Amendment was presented, a breakfast was hosted in honor of Senate members.
Senator Dinesh Kumar revealed the breakfast menu, saying: “There were eggs, parathas, halwa, and croissants.”
When asked whether all members would vote after breakfast, he replied: “One remains loyal to whose salt he has eaten.”
Law Minister Azam Nazeer Tarar said there is no deadlock; we have full numbers in the Senate.
He added that voting will start once all members are present.
He said consultation always takes some time — even during the 26th Amendment, voting took place in the evening.
JUI’s Decision Not to Support the 27th Amendment
JUI central leader and Senator Kamran Murtaza told media that “we have objections to everything; we don’t trust the government.”
He said that the 27th Amendment rolls back the 26th Amendment.
He complained that the government didn’t let them read the amendment; despite reservations, they wanted to attend the joint committee and present proposals.
Senator Ali Zafar said, “We will make every effort to ensure that the government cannot pass the 27th Amendment today.”
He added that ever since Bilawal Bhutto tweeted about it, “we are opposing it and will strongly protest.”
He said, “If this amendment passes — God forbid — Pakistan will fail. They are forcing it through without debate or input. Parliament’s sanctity was already weak; now it will be destroyed further.”
He added, “People come here for lunch and dinner; PTI and JUI are opposition parties.”
