• Bill passed with 64 to zero vote as two PTI, JUI-F senators go against party lines
• Dar says federal constitutional court, balanced civil-military ties are part of Charter of Democracy agenda
• Gilani assures Saifullah Abro of his ‘return to house’ after his resignation
• PPP senator highlights key changes in bill
• National Assembly session marred by trade of allegations
• Bill likely to be tabled in lower house today

ISLAMABAD: The PML-N-led coalition government on Monday succeeded in manoeuvring the passage of the controversial 27th Constitutional Amendment Bill through the Senate, securing a two-thirds majority with the unexpected support of two opposition senators who voted against their party lines.

The bill, seeking crucial changes to a number of articles mostly dealing with the judiciary and the military leadership, was presented before the upper house of parliament for a final vote by Law Minister Azam Nazeer Tarar amid noisy protest by the opposition senators.

As soon as Senate Chairman Yousuf Raza Gilani started putting up the bill for a clause-by-clause vote, the opposition senators started gathering in front of his dais and chanted anti-government slogans. They tore up copies of the bill and agenda and some of them were seen hurling the documents towards the law minister, prompting the sergeants-at-arm to make a human wall at the aisle between the treasury and the opposition benches to prevent any possible physical clash.

After staying in the house for a few minutes, the opposition senators belonging to the Pakistan Tehreek-i-Insaf (PTI) and the Jamiat Ulema-i-Islam (JUI-F) staged a walkout from the house, providing the government with an opportunity to have a smooth sail.

After holding the vote on the bill by division, Senate Chairman Syed Yousuf Raza Gilani announced that the 27th Amendment bill had been passed with 64 to zero vote, which is not less than a two-thirds majority in the 96-member house.

After casting his vote against the party line, PTI’s Saifullah Abro announced his resignation from the house. Speaking on the floor, Senator Abro said he had “voted only for [Field Marshal] Gen Asim Munir”, adding that the Pakistani armed forces made the nation proud by defeating India in the May war.

He added that during the [passage of the] 26th Amen­dment, “my 10 family members were abducted, but my party [PTI] did not come to the rescue.

Interestingly, when he tendered his resignation, Senate Chairman Gilani said, “We will make you a senator again”.

While taking the floor after the bill’s passage, Leader of the House and Deputy Prime Minister Ishaq Dar termed the 27th Amendment “historic”, saying that the amendment had been part of the Charter of Democracy signed in 2006 by the leadership of PML-N and PPP and later endorsed by all major political parties. He claimed that the concept of a federal constitutional court and balanced civil-military relations had been part of the unfinished agenda. Mr Dar made it clear that the seniority of sitting judges, including the chief justice of Pakistan, would remain protected under the new provisions.

Daylong drama

Earlier in the day, some ministers were seen struggling to arrange the required number of votes after receiving the reports that PML-N Senator Irfan Siddiqui, who later passed away, was hospitalised and would be unable to make it to the Senate.

Apparently, in a move to provide more time to the government to seek support from some opposition members, Manzoor Kakar, who was presiding over the morning sitting in the absence of Senate chairman and deputy chairman, allowed the members to deliver lengthy speeches on the bill. He then announced a two-hour break, adjourning the house till 3.30pm.

Soon after the break, PPP Senator Farooq Naek presented the final report on the bill, approved by the standing committees on the law and justice of the two houses, highlighting three to four changes that had been suggested by members of the two committee.

JUI-F Senator Ataur Rehman, while announcing his party’s decision to not support the bill, criticised the alleged role of the establishment in politics. He said he was not sure “which institution is more powerful — parliament or the military establishment?”

Changes in the bill

About the changes incorporated into the bill on recommendation of the parliamentary committees, Senator Naek said the Federal Constitutional Court (FCC) would have equal representation of all provinces besides a representative from the Islamabad High Court. He said the initial draft of the bill stated a judge having served for seven years in the high court could be nominated for the FCC, but this qualification merit has been curtailed to five years on the recommendation.

Moreover, he said, the committees 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. On the other hand, 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. However, he added, if multiple judges would take the oath the same day, their seniority would be determined on the basis of their age.

Also, the parliamentary committees suggested a change in the nomination for the reconstituted Judicial Commission of Pakistan (JCP), he said. The 26th Amendment had authorised the speaker to nominate a woman or a non-Muslim candidate for the JCP, he explained. However, the committees proposed that the nominee could be a technocrat, he added.

The PPP senator said the suo motu powers of judges had not been taken away, but the court would exercise these powers only when an application was submitted. “The case will be taken up for hearing after the FCC decides whether the application for exercising suo motu powers is valid and needed,” he said.

Stay order, judges’ transfer

The PPP senator, who was part of the committee that examined the initial draft of the bill, said that an interim stay order in matters of revenue remained valid until the case was decided under Article 199 of the Constitution. Since this created a huge backlog, the amendment suggested that interim order would be vacated automatically after one year if no decision on the case was made, he explained.

Referring to the procedure of judges’ transfer, Mr Naek said previously, even when the 26th Amendment was passed, the President could transfer judges with their consent and after consultation with the chief justices of both relevant high courts.

However, this procedure has been amended, he said. “Now a judge refusing his transfer would be given an opportunity of presenting his reasons for the decline before the JCP. And if the JCP finds the reasons invalid, he would have to retire,” the senator explained.

Immunity clauses

About the provision of lifetime immunity to the President from facing criminal trial or arrest under Article 248, he said it was suggested that this immunity would not be available if the President holds a public office after the end of his term, but as soon as he ceases that public office he would again be entitled to this immunity.

According to a proposed amendment in Article 243, this type of lifetime immunity has also been provided to the field marshal, marshal of the air force and admiral of the navy.

Exchange of barbs

While the bill after sailing through the Senate was expected to be presented before the National Assembly, which met later in the evening, the government did not move the bill for unexplained reasons.

The bill is now expected to be tabled before the National Assembly today (Tuesday).

The brief NA sitting was marred by ruckus as the opposition and treasury lawmakers exchanged harsh words and lambasted each other. The speaker allowed a debate on the 27th Constitutional Amendment bill, even though it was not laid in the assembly.

PTI leader Asad Qaiser criticised PPP Chairman Bilawal Bhutto-Zardari for what he called ‘forgetting the sacrifices of his grandfather Zulfikar Ali Bhutto’.

“The grandson of Zulfikar Ali Bhutto has buried the Constitution today. I ask Bilawal how he will face the people,” he said, asking the people of PPP-ruled Sindh province to take notice of the move.

Mr Qaiser claimed the 27th Amendment would break the backbone of the judiciary, leaving the PTI with no other option but to approach the international court to seek justice.

PPP leader Raja Pervaiz Ashraf defended the lifetime immunity to the President, stating that this was a standard practice in many countries for the head of state.

The PTI lawmakers interrupted Mr Ashraf’s speech with slogans like “Go Zardari go” and “Long live Imran Khan”.

Published in Dawn, November 11th, 2025