Law Minister Azam Nazeer Tarar (left) and Pakistan Tehreek-e-Insaf Chairman Barrister Gohar Ali Khan. — Screengrab via YouTube/Geo News
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ISLAMABAD: The National Assembly on Tuesday adjourned after lengthy debates without voting on the 27th Constitutional Amendment Bill despite the approval of the Senate.
Law Minister Azam Nazir Tarar passed key legislation in the lower house of parliament, seeking major judicial and military reforms with a two-thirds majority.
The amendment to Article 59, passed by the Senate on Monday, seeks to restore the country’s military and judicial structures. The law minister moved it and received 64 votes in the 96-member House, with no votes against as opposition lawmakers boycotted the move and tore up their copies in protest.
Apart from the Treasury members, ANP’s senators, PTI-backed Saifullah Abro, and JOIF’s Ahmed Khan also supported the bill. In a surprise move, Abru refrained from joining the protest and later announced his resignation from the Senate.
The Lower House session, scheduled for 11 am, was delayed by half an hour for the Muslim League-N’s Senator Irfan Siddiqui, who died on Monday night.
Speaking on the NA floor, Tarar said: “[The] The Senate has passed the 27th Constitutional Amendment Bill with a two-thirds majority. In the Joint Parliamentary Committee, the opposition should also have attended the meeting. “
During his speech, the opposition benches raised a loud protest and raised slogans over the 27th constitutional amendment.
“All over the world, constitutional benches handle matters related to the constitution… judicial appointments are made by judicial commissions. In Pakistan, we have established a proper procedure and removed the powers of suo moto action in this bill,” he said.
Tarar further explained the changes regarding judicial transfers, saying: “Earlier, judges were transferred under Article 200, and these transfers were often challenged. The Judicial Commission now authorizes the transfer of judges. If the transfer of a judge is denied, they will be considered retired. The commission will consist of five judges from the Supreme Court and the Federal Constitutional Court, and two from the government.”
“Provincial matters and constitutional cases will be handled by the Federal Constitutional Court, while the Supreme Court will hear over 62,000 cases, including civil and other matters,” he added.
‘If the President returns to public office, the exemption ends’
Tarar also highlighted the role of the army in the defense of Pakistan and the reforms proposed under the 27th constitutional amendment.
“When India attacked, the army played an important role, and the whole house observed unity against the threat. After our victory, the Organization of Islamic Cooperation (OIC) and Arab countries praised and supported us,” he added.
Explaining the status of military ranks, the Law Minister said: “The Chief of Army Staff is appointed under the Army Act. A field marshal is a post held in many countries and is a lifelong honor.
He added: “Once a field marshal is promoted, he must be brought within constitutional limits. We were part of the war committee and witnessed the army chief displaying exceptional efficiency and skill.”
Tarar further addressed the constitutional provisions regarding presidential immunity, saying: “A special dispensation has been proposed for the president…if the president returns to public office, the immunity will be lost. We request that the matter be debated and then voted on.”
On the proposed 27th Amendment, Tarar said: “47 out of 59 amendments were made because of the establishment of a Federal Constitutional Court. I urge my opposition. [bench members] To listen to each other and offer constructive suggestions. “
‘The Baku Amendment’
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gauhar termed the constitutional amendments as deeply troubling.
“Buildings built for personal gain are considered monuments to slavery,” he said.
Gohar referred to the legal adaptation as the “Baku Amendment”, saying the “head of a nuclear state” was approving the amendment from abroad, in a pocket of Prime Minister Shahbaz Sharif, who was on an official visit to Azerbaijan when the federal cabinet approved the draft of the 27th constitutional amendment.
He added that cases have been closed and disposed of to benefit certain vested interests. “Amending the constitution is a sensitive matter.”
“Today is a day of mourning for democracy, and steps are being taken to bury it,” he said. “We do not accept these Baku amendments.”
He recalled that when the PDM government first came to power, the first action was to amend the NAB Ordinance.
“Being accountable before the constitution and the law is democracy,” he said. “Accountability before the law is the rule of law. We make laws and then take exception to the law. Do we bring in an elite class that is above the law?” Gohar asked.
The PTI chairman highlighted the ongoing corruption cases against President Asif Zardari, asking why he could not appear before the courts and deny the charges. Barrister Gauhar also cited a precedent in the UK, saying that the Chief Justice had told the King that the law was supreme.
“We will bring them to book and make them accountable,” he added.
Gauhar also criticized the amendment process, saying that the Chief Justice of Pakistan was effectively abolished and replaced with “the Chief Justice of the Supreme Court”.
He added that these amendments were passed with only two votes of dissenting members, and warned that such amendments may not serve the public.
Highlights of the new amendment
- Chief of Army Staff to act as Chief of Defense Forces
- Field Marshal, Marshal of the Air Force, Admiral of the Fleet titles for life
- A federal constitutional court will be established
- Equal provincial representation was approved in the Federal Constitutional Court
- FCC authorized to take suo moto notice of applications
- The Islamabad High Court will have one judge on the FCC bench
- President and Prime Minister playing key role in judicial appointments
- The powers of the Supreme Court were to be reduced, some authorities were transferred to the new court
- Presidential Immunity Limited if the President assumes a public office after the term of office
- Judges must have served five years in the High Court to qualify for the Constitutional Court
- Judicial Commission to decide transfer of High Court Judges
- Objections to the transfer will be reviewed by the Supreme Judicial Council