27th Amendment returns to Senate for re-voting after lower house makes changes to bill

#27th #Amendment #returns #Senate #revoting #house #bill

The Senate is set to vote once again on the 27th Constitutional Amendment Bill today after the session begins at 11 am, to approve changes to the draft approved by the upper house.

A day earlier, the National Assembly approved the amendment bill that seeks to change the judicial structure and military command, with 234 votes in favor and four against the opposition’s walkout. It includes eight amendments—not part of the previous version approved by the Senate—aimed at clarifying the position of the chief justice.

The amended bill improved the structure of the newly established Federal Constitutional Court (FCC), clarified the titles and ranks of the country’s top judges, and dropped several provisions from the Senate-approved draft that sought to change the oath-related provisions for various constitutional offices.

The most important updates relate to Clause 2, which amends Article 6(2a) of the Constitution – the article dealing with high treason. The National Assembly’s version added the term “Federal Constitutional Court” after “the”, thereby expressly including the new court within the purview of Article 6. An earlier Senate draft did not mention the court by name.

The Lower House also introduced a fresh clause 2A to amend Article 10(4), which deals with preventive detention. This revision added the words “Supreme Court” to the descriptive section of this article.

Meanwhile, the National Assembly deleted several provisions that appeared in the Senate version. Clauses 4, 19, 51, and 55 – which collectively proposed amending the wording of the oath administered to various constitutional officers – were removed from the final text.

Clause 4 was intended to amend Article 42, whereby the President takes the oath of office before the Chief Justice of Pakistan, by replacing the phrase “Chief Justice of Pakistan” with “Chief Justice of the Federal Constitutional Court”.

Similarly, Clause 19 proposed changes in Article 168, which regulates the appointment and oath of the Auditor General of Pakistan. He would have added the term “Supreme Court” before “Chief Justice of Pakistan”, thus slightly altering the text of the official oath.

Article 51 mirrors this approach to Article 214, which requires the Chief Election Commissioner to take an oath before the Chief Justice. The Senate draft suggested replacing him with a “Chief Justice of the Federal Constitutional Court”.

Similarly, Clause 55 sought to amend Article 255(2), which applies in cases where an oath cannot be administered before a designated official. At that time, the Chief Justice of Pakistan may nominate another person. The Senate version proposed transferring this authority to the Chief Justice of the Federal Constitutional Court.

All these proposals related to oath were finally rejected by the National Assembly.

Another key amendment came in Clause 23, which amended Article 176 by stating, “Notwithstanding anything contained in the Constitution, the sitting Chief Justice shall continue to be known as the Chief Justice of Pakistan during his term of office.”

A further addition was made under Article 56, which now defines the “Chief Justice of Pakistan” as “the senior of the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court”, thus establishing a formal hierarchy between the two judicial heads.

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
• Incumbent Chief Justice to remain CJP till completion of current term
• The senior most SCCJ and FCCCJ will be nominated as the Chief Justice of Pakistan
• 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
• President and Prime Minister playing key role in judicial appointments
• Presidential Immunity Limited if the President assumes a public office after the term of office
• Judicial Commission to decide transfer of High Court Judges
• Objections to the transfer will be reviewed by the Supreme Judicial Council

A two-thirds majority in the 336-member House is required for the multi-clause amendment bill. The ruling coalition easily secured the required votes, with the Muslim League-N with the PPP 74, the MQMP 22, the Muslim League-Q four, the Isthmus-Pakistan Party four, and one seat each for the Muslim League-Z, the Balochistan Awami Party, and the National People’s Party.

However, four members of the Jamiat Ulema-Fazal (Joi-F), once a close ally of the ruling Pakistan Muslim League-Nawaz (PML-N), were the only legislators who registered their votes against the amendments.

It should be noted that when the bill was voted on in the Senate, the government’s legislation received votes from two opposition lawmakers. PTI’s Saifullah Ibro and Joi-FK’s Ahmad Khan supported the bill, and when Ibro announced his resignation as a legislator the same day, Khan was asked by his party to step down for crossing party lines.

So now it becomes interesting that the government will be able to pass the legislative amendments in the upper house once again in view of the resignations of these two defectors.

The numbers game

To understand this, here is the numbers game in this situation:

PTI’s Ibro and Joi-FK Khan are most likely to ensure the ruling coalition a two-thirds majority, when the amended piece of legislation is put to a vote once again today.

In the 96-member House, 64 senators form a two-thirds majority, which is required to pass a constitutional amendment by the Senate. Muslim League (N) Senator Irfan Siddiqui died, after a serious illness coinciding with the passage of the amendment

The Senate chairman could not exercise his right to vote, while the three votes of the opposition Ulami National Party (ANP) were otherwise crucial. Again, the ANPPTI and the JOIFK are ready to support the legislation except for two lousy senators.

PTI Chairman Barrister Gohar Ali Khan, when contacted, told the news that Abru has been expelled for violating party policy by voting in favor of the 27th Amendment.

According to parliamentary sources, the stalwart lawmaker of the party has not submitted his resignation in writing to the Senate Secretariat to send to the Senate Chairman, and more importantly, his name is part of the Senate website and the same for Senator Khan.

Meanwhile, the Senate Secretariat has issued the orders of the day for the November 13 sitting, including the amended key legislation listed in No. 6.