Bill secures 64 votes in favour, none against; PTI and JUI-F senators defy party line in landmark constitutional vote

ISLAMABAD: The Senate on Monday approved the 27th Constitutional Amendment Bill with a two-thirds majority, marking one of Pakistan’s most sweeping judicial reforms in decades.

The bill secured 64 votes in favour and none against, according to Senate Chairman Yousuf Raza Gilani, who announced the result following a formal division of votes.

Clause-by-clause passage amid opposition protest

The session began with Law Minister Senator Azam Nazir Tarar introducing the amendment, after which members approved the bill clause by clause. Opposition lawmakers, however, staged a noisy protest tearing up copies of the agenda and shouting slogans.

Despite the uproar, the government secured passage of the bill, which had been presented as a report by the Senate Standing Committee on Law and Justice, chaired by Senator Farooq H. Naik.

Naik highlighted that the amendment seeks to create a Federal Constitutional Court (FCC) with equal provincial representation and a technocrat member, aiming to strengthen constitutional adjudication and reduce political interference in judicial matters.

Dissent in opposition ranks

While most opposition senators boycotted the session, PTI’s Saifullah Abro and JUI-F’s Ahmed Khan broke ranks to vote in favour of the bill defying party directives.

PTI Senator Ali Zafar later condemned Abro’s vote, declaring it a violation of party policy and vowing disciplinary action under Article 62.

“We had clearly instructed that no one should vote for the amendment. Saifullah Abro will face termination of membership,” Zafar said.

JUI-F leaders voiced similar disapproval, with senior member Kamran Murtaza announcing internal action against Ahmed Khan upon party chief Maulana Fazlur Rehman’s return from Bangladesh.

Gilani hails consensus, rejects bulldozing claims

Senate Chairman Yousuf Raza Gilani lauded the bill’s passage as a product of “broad consensus and democratic deliberation.”

“Nothing was bulldozed. Every objection was addressed and debated,” Gilani said during a post-session media talk.

He revealed that 47 senators participated in the debate, adding that his decision to abstain from voting was meant to ensure transparency and fairness.

Gilani also paid tribute to the drafters of the 18th Amendment and the Charter of Democracy, drawing parallels with previous moments of political unity.

“Our aim was to restore the spirit of national consensus. All parties signed the Charter of Democracy, and today’s vote was in that same spirit,” he said.

Key provisions: Federal Constitutional Court established

The 27th Amendment introduces a new Federal Constitutional Court, transferring several constitutional powers from the Supreme Court to this newly created body.

Structure and Composition

• The FCC will consist of seven judges, including representatives from all provinces, a technocrat, and an Islamabad High Court nominee.
• Judges must have at least five years of high court experience or 20 years in constitutional law practice.
• The Chief Justice’s term will be three years, and judges may serve until age 68.
• The permanent seat of the court will be in Islamabad.

Jurisdiction and Powers

• All constitutional and public interest cases will be transferred to the FCC.
• The Supreme Court’s suo motu powers have been abolished; such authority now rests solely with the FCC.
• Articles 184, 186, and 191A pertaining to the Supreme Court’s original jurisdiction have been deleted.

Judicial Appointments and Transfers

• Both the Chief Justices of the Supreme Court and the FCC will sit on the Judicial Commission.
• Amendments restrict the President’s power to transfer judges, allowing transfers only upon the Judicial Commission’s recommendation.
• The Chief Justice of a High Court cannot be transferred, nor can any transfer affect judicial seniority.

Additional reforms and provincial amendments

Coalition and provincial representatives also introduced several proposals:

• MQM sought amendments regarding local government reforms and development funds, partially opposed by PPP.
• Balochistan received an increase in Assembly seats, while Khyber Pakhtunkhwa was proposed to be renamed Pakhtunkhwa.
• The amendment to Article 93 empowers the Prime Minister to appoint seven advisors, while Article 130 extends similar powers to Chief Ministers.

Next steps: National Assembly vote pending

To become law, the 27th Amendment now requires approval by a two-thirds majority in the National Assembly (224 votes).
Government coalition leaders have already begun consultations to secure the necessary support amid expected opposition resistance.