ISLAMABAD (Kashmir English): The Senate has approved the 27th Constitutional Amendment bill, following the changes approved earlier National Assembly, here on Thursday.
Federal Minister for Law Azam Nazeer Tarr presented the constitutional amendment bill again today, with the tweaks to the draft earlier approved by the upper house.
The amendment bill obtained the 64 votes (two-thirds majority in the 96-member House) in favour and four votes against.
As the session began with Senate Chairman Yousuf Raza Gilani in the chair, Pakistan Tehreek-e-Insaf (PTI) Senator Ali Zafar argued that his party and JUI-F defectors have been disqualified under Article 63-A of the Constitution, as they previously claimed on the floor of the house that they had resigned.
Meanwhile, Senator Kamran Murtaza of JUI-F said that if someone votes against party lines and a resignation is sought from him under Article 63-A, then those who wish to vote against the party should follow proper procedures.
However, Tarar disagreed, maintaining that the objection of PTI and JUI-F that under Article 63-A, the member is automatically disqualified on voting against the party lines is wrong.
Tarar explained that there should be a reference to the party head to the presiding officer or speaker based on the Constitution. “We shouldn’t twist the Constitution for political point scoring,” he added.
He further elaborated that the presiding officer is entitled to two days to scrutinize a written reference by the party head and send it to the Election Commission.
The party head is also under an obligation to provide a hearing to the defector on the issue of voting against the party directives, as many times instructions are often not conveyed appropriately.
The matter is then referred to the Election Commission, which holds a formal hearing. The member concerned can appeal against the decision in the Supreme Court. “Until the process is undertaken and completed in black and white, the member remains in office,” Tarar added.
He added that a senator who intends to resign has to submit it in writing to the Senate chairman and satisfy him. “I have received no resignation so far,” the Senate chairman explained.
The approved constitutional amendment bill will now be sent to the President Asif Zardari for his signature.
National Assembly passes Bill
Earlier on Wednesday, the National Assembly approved the 59-clause 27th Constitutional Amendment Bill during the session presided by Speaker Ayaz Sadiq amid the opposition boycott.
Law Minister Azam Nazeer Tarar moved the bill in the Lower House of the Parliament, two days after the Senate approved the key legislation with a two-thirds majority, seeking major reforms in the judiciary and military.
The bill, titled The Constitution (Twenty-Seventh Amendment) Bill, 2025, passed with a two-thirds majority, securing 234 votes in favor and four against it.
Prime Minister Shehbaz Sharif, Pakistan Muslim League-Nawaz (PML-N) President and former Prime Minister Nawaz Sharif, and Pakistan Peoples Party (PPP) chairman Bilawal Bhutto also attended the session to help sail the much-awaited amendments.
The bill additionally included eight amendments aimed at clarifying the chief justice’s position, which were not part of the version earlier approved by the Senate.
Key new amendment
As per the new provisions, the Chief of Army Staff will assume the role of Chief of Defence Forces. The titles of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet will remain for life.
A Federal Constitutional Court will be established with equal provincial representation. FCC will have suo motu powers upon written application.
The eligibility period for High Court judges for appointment to the Federal Constitutional Court has been reduced from seven to five years.
The seniority of sitting Supreme Court judges appointed to the new court will remain intact, while seniority among new appointees from the Bar or High Courts will be determined by age.
The President and Prime Minister will play key roles in judicial appointments, while some powers of the Supreme Court will be transferred to the new court.
Similarly, the Judicial Commission will decide on the transfer of High Court judges, and any objections to such transfers will be reviewed by the Supreme Judicial Council.
The Judicial Commission of Pakistan (JCP) has been expanded to include, in addition to a woman or non-Muslim member, a technocrat nominated by the Speaker of the National Assembly, qualified to become a member of Parliament, ensuring broader merit-based representation.
The amendment extends the stay order period in revenue and taxation cases from six months to one year. If a case remains undecided beyond that period, the stay will automatically stand vacated, enabling the timely recovery of public revenue.
On the transfer of judges, the bill authorizes the Judicial Commission of Pakistan to process inter-court transfers. If a judge declines transfer without a valid reason, the matter will be referred to the Supreme Judicial Council for a hearing before any decision is made.
The presidential immunity clause has been confined to the tenure of office only and will not apply if a former President assumes a public position after completing the term.
