The opposition alliance, Tehreek Tahafuz Ayeen-i-Pakistan (TTAP), on Saturday announced a nationwide protest movement against the proposed 27th Constitutional Amendment, urging the people to take a stand against the “extremely dark and dangerous” change in the Constitution.
Earlier today, after getting approval from the federal cabinet, the bill for the 27th Constitutional Amendment was tabled before the Senate and subsequently referred to the standing committees on law and justice.
The TTAP is a coalition of six opposition parties and was formed last year. Earlier in July, it formalised its organisational structure, declaring blanket support for all anti-government protests.
Pashtunkhawa Milli Awami Party (PkMAP) Chairman Mahmood Khan Achakzai and Majlis Wahdat-i-Muslimeen Chairman Senator Allama Raja Nasir Abbas, in a video statement, said the protest movement would begin from November 9 (Sunday).
Abbas said that democratic institutions in the country have been “paralysed” and the “nation must step up”. Lamenting the proposed changes, he said the government was given even more power through “to the powerful”.
“In this hour, it is the responsibility of the people of Pakistan to take a stand and speak against against such an extremely dark and extremely dangerous constitutional amendment, which is the 27th (amendment).
Leader of the opposition-designate Achakzai said the alliance, through the protest movement, will show that the “will of the people” of Pakistan will be the final decision.
“I have given an oath, at least on five different occasions, that I will safeguard the Constitution. Our parliament is attacking our Constitution,” said the PkMAP leader, who is also the chairman of the opposition alliance.
He added that as the parliament is representative of the people, the opposition alliance is approaching the masses directly. “The way they are attacking the parliament, and the manner in which they are shaking the foundations of the Constitution and Pakistan, we are left with no other option.”
Achakzai appealed to all political parties to participate and said their movement would kick off on Sunday night. “Every night, with a new slogan, we will awaken the consciousness of the people. The slogan of the people is the supremacy of the Constitution,” added the veteran politician.
Law Minister Azam Nazeer Tarar moved the bill before the upper house, with Chairman Yousuf Raza Gillani referring it to the National Assembly and Senate standing committees on law and justice for review and consideration. He said that both committees may hold joint meetings for a detailed review and consideration, and the report would be presented before the House.
Following deliberations on the proposed amendment, the law committees of both Houses adjourned the moot till Sunday.
Key clauses of the proposed amendment
Tarar, while tabling the bill in the Senate, said it would address five subject areas.
He highlighted that one of the things agreed in the Charter of Democracy signed in 2006 was the formation of a Federal Constitutional Court, which would have superior court judges from all provinces and hear constitutional matters, while regular courts would continue to hear all other matters.
“During consultations on the 26th Constitutional Amendment, some of our friends suggested that we refrain from making such a huge change and experiment by forming constitutional benches,” he said.
The minister said that constitutional benches had been formed, but judges spent most of their time listening to such matters and other cases during the rest of the time. “The fact of the matter is that five to six per cent of cases take 40pc of the court’s time and the rest of the cases remain as is,” he said.
He further stated that some argued that constitutional benches were a “court within a court” and also raised other objections.
“After detailed consultations with all political forces … We said that the wish and demand of a Federal Constitutional Court should be brought into the Parliament, which we have done through this bill,” he said.
He said that another issue concerned the process for the transfer of high court judges. This was addressed in the 1973 Constitution, which empowered the president to make the transfer on the advice of the premier in consultation. He said that the transfer could be made for two years without the judge’s consent, but longer periods would require it.
“In the 18th Amendment, the two-year condition was removed, and it was stated that the judge’s consent would be sought. In the 26th Amendment, the condition remained the same but concerns were raised about the interference of the executive,” he said.
He further said that it was proposed that the bit about the premier’s advice for the transfer of judges be removed and handed over to the Judicial Commission of Pakistan (JCP).
“It also has safeguards that a judge more senior than the chief justice will not be sent so that there is no dispute about that,” he said, adding that it was up to the JCP whether or not it wanted to seek the judge’s consent.
Talking about elections for the upper house of Parliament, he noted that they took place in Khyber Pakhtunkhwa after a delay of more than a year.
“The first thing after a Senate election is the election of the chairman and deputy chairman. To avoid any dispute in this regard, a clause has been introduced,” he said.
The minister further said that the bill also proposed increasing the 11pc provincial threshold for the cabinet to 13pc, noting that all provinces had voiced concerns apart from Punjab.
The Constitution allows the provinces to have cabinets not exceeding 15 ministers or 11pc of the total membership of their respective provincial assembly, whichever of the two is higher.
“Previously, there were five provincial advisers … now they have been increased to seven,” he said.
Talking about Article 243, which provides that the federal government “shall have control and command of the armed forces”, the minister said that certain clauses were being introduced.
He said that Chief of Army Staff Asim Munir had been awarded the title of field marshal. “This is a title, not a rank, not an appointment as such … whereas army chief is an appointment with a five-year tenure,” he said.
“Field marshal, or marshal of the air force, admiral of the fleet — these exist in different countries for land, navy and air forces — these have been mentioned, and it has been stated that these titles will be given to national heroes. These titles are for a lifetime. It is a title,” he said.
He further said that it was clarified that the “impeachment or reversal” of the title would not be at the premier’s authority but at Parliament’s.
He further said that the office of CJCSC would be abolished from November 27, 2025. “The present CJCSC is also our hero; it will be abolished after his appointment ends. Parliament cannot even think of depriving him of the role during his tenure,” he said.
The minister said, however, that there would be no new appointment because the COAS had been given the role of the chief of defence forces. He further said that the bill proposed that the prime minister, on the recommendation of the COAS, would appoint the commander of the National Strategic Command.
“Where the federal government promotes a member of the armed forces to the rank of field marshal, marshal of the air force or admiral of the fleet, such officer shall retain the rank, privileges and remain in uniform for life,” he said, reading from the bill.
“Upon completion of the term of his command, under the law, the federal government shall determine the responsibilities and duties of field marshal, marshal of the air force or admiral of the fleet in the interest of the state,” he read out from the draft.
The opposition PTI has criticised most of the tweaks, terming the proposed amendment an “attack“ on the Parliament. PTI Chairman Barrister Gohar Ali Khan said earlier this week that it would be inappropriate to claw back population and education from the provinces.
On the other hand, Parliamentary Affairs Minister Dr Tariq Fazal Chaudhry on Wednesday assured the National Assembly that the 18th Amendment would not be rolled back through the 27th Amendment.
On November 3, PPP Chairman Bilawal Bhutto-Zardari revealed that the government’s proposed amendments included “setting up [of] constitutional court, executive magistrates, transfer of judges, removal of protection of provincial share in NFC, amending article 243, return of education and population planning to the federation and breaking [the] deadlock on appointment of ECP”.
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