Senate Standing Committee of Law and Justice Chairman Farooq H. Naek on Monday laid before the Senate a report on the 27th Constitutional Amendment bill.
A joint meeting of the Senate and the National Assembly’s law and justice standing committees had approved the 27th Constitutional Amendment bill with minor changes amid a boycott by the opposition yesterday.
Naek tabled the report in the Senate today, with Chairman Syed Yousaf Raza Gilani presiding over the proceedings. Following that, 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 that 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, which the committee “unanimously” approved the clause but with some changes.
Earlier today, the Senate session began with Senator Manzoor Kakar presiding over the proceedings in the absence of Chairman Syed Yousaf Raza Gilani.
At the outset, he said some speeches regarding the constitutional amendment could not be delivered yesterday, and proceedings today would begin with those addresses. He then gave the floor to PML-N’s Agha Shahzaib Durrani, whose speech was repeatedly interrupted by the opposition benches.
During his speech, Durrani mentioned that the opposition had questioned that what was the need for a constitutional court. He justified this need, citing the backlog of cases in the Supreme Court. Durrani also berated the opposition, particularly the PTI, for “abolishing the democracy” and “turning the President House into an ordinance factory” during its tenure.
His speech was followed by that of PPP’s Zamir Hussain Ghumro, who rejected the opposition’s criticism that the 27th Amendment was a “9/11 on Pakistan“. He defended the planned establishment of the constitutional court, alleging that the SC had not been performing its “original function but enforcing fundamental rights, which is a function of the high courts”.
“The Supreme Court has been interfering in [matters of] Parliament and the executive,” he claimed, further justifying the need for the constitutional court. “It will not only strengthen the independence of the judiciary but also the federation,” he argued.
Regarding the proposed changes to Article 243, which deals with the command of armed forces, he recalled the recent conflict with India in May. “The chief of army staff, the Field Marshal won a war for Pakistan,” he said, adding that he deserved immunity from criminal proceedings and arrests.
“What is the problem with this? Do you want to drag your heroes through the streets and courts?” he questioned.
He added that the PPP believed the 27th Amendment would be a “milestone in advancing democracy, the Constitution, and the 18th Amendment”.
After Ghumro concluded his speech, PTI’s Fawzia Arshad pointed out that an opposition leader had still not been notified in the Senate. The post has been vacant since the disqualification of PTI’s Shibli Faraz in August.
Arshad said the pendency of the notification was a denial of legislative rights to the PTI.
She also assailed the proposed 27th Amendment and its proponents, saying that “institutions are being trampled and their rights are being taken away”.
For his part, Muttahida Qaumi Movement-Pakistan’s (MQM-P) Amir Waliuddin Chishti said his party was promised changes to Articles 142 (advocate general for a province) and 140-A (local government) under the 27th Amendment.
“Now, after two days, I am hearing that while the amendments came under discussion, it is being said that they may be included in the 28th Amendment,” he added.
PML-N Senator Khalil Tahir Sindhu also referred to the May conflict, saying, “The entire nation won the war. The media and opposition also won. Everyone did. But under whose leadership? General Syed Asim Munir sahib.”
Senator Sindhu quipped that it was not as if some land was being named for the army chief, but only an honorary title was being bestowed on him. He claimed that all Commonwealth nations had officers who remained in uniform for life.
He also highlighted Field Marshal Munir’s role in “trade and foreign affairs as he accompanied the prime minister” on multiple visits.
The PML-N leader dismissed the concerns regarding the 27th Amendment as “frivolous and concocted”, asserting there was nothing contradictory to the Constitution in it.
Later, Kakar paused the proceedings and said the house would meet again at 3.30pm.
Speaking to media on condition of anonymity, a key minister said the government planned to get the bill passed today, “no matter what.”
‘Will ensure amendment does not pass’
Separately, PTI Senator Ali Zafar said while speaking to the media in Parliament that the opposition would ensure the amendment was not passed if the government did not have the requisite numbers.
“It is possible they may not be able to table it today,” he said while speaking to the media.
He further said that the opposition was against giving immunity from criminal proceedings to anyone. “We are saying that if anyone has committed a crime, be it a president or a governor, they should be punished according to the law and the Constitution,” he said.
However, Information Minister Ataullah Tarar defended the inclusion of a clause for providing lifetime immunity to the president from criminal proceedings and arrests under the proposed amendment.
“The heads of state enjoy immunity across the world. This is a choice, and this system prevails in the whole world […] I think there is no harm in this,” he said while speaking to the media. He also welcomed the premier’s decision to not pursue the clause for immunity.
The minister further said the amendment was for “good governance”, improving the federation’s relationship with the provinces, and for strengthening defence“. He said, constitutional courts also existed in other parts of the world, adding that this was also included in the Charter of Democracy signed in 2006.
Tarar said the demand for constitutional courts was jointly made by the PML-N, PPP and the Awami National Party, and that the Constitution was a living documents which continued to evolve.
He asserted that the government had the requisite votes, terming the amendment “positive” and in line with international practices.
How many votes are required?
A constitutional amendment requires a two-thirds majority in both houses of Parliament. So when the bill is put to the vote in the Senate, which comprises 96 members, it will require the backing of at least 64 senators.
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.
However, this does not guarantee the approval of the amendment bill in the Senate as these votes also include those of Gilani, who cannot cast his vote being the Senate chairperson, and PML-N’s Irfan Siddiqui, whose vote cannot be ensured as he is hospitalised.
Following its approval by the Senate, the bill will also have to be voted on in the National Assembly (NA), which is also scheduled to meet at 4:30pm today.
In the 336-member NA, the ruling coalition does enjoy a two-thirds majority. It has 233 members while the opposition holds 103. Within the coalition, the PML-N has 125 seats, PPP 74, MQM-P 22, PML-Q five, Istehkam-i-Pakistan Party four, and PML-Z, Balochistan Awami Party, and National Peoples Party one seat each.
Approval by parliamentary committees
The bill, which was tabled by Law Minister Azam Nazeer Tarar in the Senate on Saturday amid outcry from the opposition and hours after getting the federal cabinet’s nod, aims to set up a federal constitutional court and grant lifetime status to the field marshal rank.
On Sunday, a joint meeting of the Senate and the National Assembly’s law and justice standing committees had approved the 27th Constitutional Amendment bill with minor changes amid a boycott by the opposition.
Deputy Prime Minister Ishaq Dar, who also attended the meeting, said all key amendments, including changes to Article 243, which provides that the federal government “shall have control and command of the armed forces” and pertains to the military command structure, were amicably approved by both committees.
Senator Naek, who was presiding over the meeting, said the bill was adopted with minor changes. He said that the committees empowered him and the law minister to make a couple of amendments.
The committees, however, deferred the Muttahida Qaumi Movement’s (MQM) proposal, seeking to amend Article 140 that pertains to local governments, as well as the Awami National Party’s (ANP) recommendation for changing the name of Khyber Pakhtunkhwa.
The ANP had submitted a proposal to rename the province by removing ‘Khyber’, arguing that Khyber was a district and other provinces did not include district names in their titles. Likewise, the Balochistan National Party’s proposed amendment to increase the province’s seats in Parliament was also deferred.
Earlier in the day, ANP’s Hidayatullah Khan told reporters that the committee had sought time until Monday to decide on his party’s suggestion for changing the name of Khyber Pakhtunkhwa.
Meanwhile, the law minister told reporters it was decided that provinces would be taken into confidence on changing KP’s name.
PM shoots down immunity clause
A proposal for immunity for the prime minister was also included in the 27th Amendment bill, but Prime Minister Shehbaz Sharif on Sunday ordered its withdrawal, saying that the premier must remain “fully accountable”.
“On my return from Azerbaijan, I have learnt that some senators belonging to our party have submitted an amendment regarding immunity for the prime minister,” he said in a post on social media platform X.
“While I acknowledge their intent in good faith, the proposal was not part of the Cabinet-approved draft. I have instructed that it be withdrawn immediately,” PM Shehbaz said.
“As a matter of principle, an elected prime minister must remain fully accountable, both before the court of law and the people,” he said.
Later the same day, the premier had also hosted a dinner for senators from coalition parties at the Prime Minister’s House in Islamabad and congratulated them on the approval of the 27th Amendment bill by the joint parliamentary committee.
PM Shehbaz said he was thankful to the heads of all allied parties and President Asif Ali Zardari.
“All of us made unified efforts to strengthen the federation, in the broader interests of the country, to increase harmony among the provinces and to improve governance,“ he said.
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