27th Amendment Bill likely to sail through NA today as govt enjoys ‘magic number’

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The 27th Constitutional Amendment Bill introduced by Law Minister Azam Nazir Tarar in the National Assembly on Tuesday will be approved by the Lower House today (Wednesday), with the required two-thirds majority of the ruling coalition.

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 action 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 session of the Lower House began at the end of half an hour on Tuesday with prayers offered for Muslim League (N) Senator Irfan Siddiqui, who passed away after a brief illness.

A two-thirds majority in the 336-member National Assembly is required for passage of the 27th Constitutional Amendment Bill. The ruling coalition looks well-placed to secure the numbers, with the Muslim League-N holding 125 seats, the PPP 74, the MQMP 22, the Muslim League-Q four, the East Pakistan Party four, and one seat each for the Muslim League-Z, the Balochistan Omi Party (BAP), and the Qaumi People’s Party.

In contrast, the opposition benches collectively have 103 members.

Tarar defended the bill

Speaking on the NA floor a day earlier, 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.

Explaining the 27th Amendment, the Law Minister said, “All over the world, Constitution Benches deal with matters relating to the Constitution… Judicial appointments are made by Judicial Commissions.

Tarar further explained the changes regarding judicial transfers, saying: “Earlier, under Article 200, judges were transferred, and these transfers were often challenged. The Judicial Commission is now empowered to transfer judges. If a judge is denied transfer, 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 matters 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.

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 immunity has been proposed for the president…if the president returns to public office, the immunity will lapse. 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] Listening to each other and giving constructive suggestions.

Gohar called the tweaks a ‘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 and asked why he could not appear 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