Joint parliamentary committee approves draft of 27th Constitutional Amendment

The joint parliamentary committee of Senate and National Assembly has unanimously approved the draft of the 27th Constitutional Amendment, clearing the way for its presentation in the Senate on Monday morning.

The committee meeting was held on Sunday in Committee Room No. 5 under the chairmanship of Senator Farooq H. Naik. Members discussed the amendment clause by clause before granting approval.

Law Minister Azam Nazir Tarar, Minister of State for Railways and Finance Bilal Azhar Kiani, Senate Standing Committee on Law Chairman Farooq H. Naik, Attorney General Mansoor Usman Awan, and PPP’s Naveed Qamar were among the participants. JUI, which boycotted the previous session, sent a member to participate in this meeting.

However, leaders of PTI, MWM, PKMAP, and Sunni Ittehad Council did not attend and have also boycotted the upcoming sessions of the National Assembly and Senate.

The committee session was conducted in two parts. In the first session, members approved amendments to Article 243 of the Constitution, while other proposed changes were discussed. After a brief break, the committee reconvened for over two hours and formally approved the draft of the 27th Amendment. The committee will now submit its report to the Senate for further consideration.

Govt allies proposed amendments rejected

The joint parliamentary committee has also rejected four separate amendments proposed by government allied parties. The rejected amendments included:

MQM’s proposal to devolve powers of local governments under Article 140A.

Balochistan Awami Party’s (BAP) proposal to increase provincial assembly seats.

Pakistan Muslim League-Q’s (PML-Q) amendment for a uniform education curriculum across the country.

Awami National Party’s (ANP) proposal to change the name of Khyber-Pakhtunkhwa province.

The committee confirmed that the proposed amendment provides the President of Pakistan with lifetime immunity under Article 248, extending to past cases as well.

Committee members said the rejection of the allied parties’ amendments reflects a consensus on maintaining the core structure of the proposed reforms.

Following the joint parliamentary committee meeting, Senator Farooq H. Naik confirmed that the draft of the 27th Constitutional Amendment has been approved, with some revisions incorporated after receiving suggestions during the session.

Senator Naik said after the first session, “Today we will review all clauses and hope to finalise the draft. Every party has the right to give its opinion, and all viewpoints will be considered. Proposals from PML-N and MQM-P will be evaluated, and decisions will reflect the majority consensus. All decisions will be presented in the house, and we expect to finalise the draft by 5 pm today.”

Deputy Prime Minister Ishaq Dar told the media that all parties had provided their input on the amendments, describing the consensus as “very encouraging.” He added, “It includes all matters, including Article 243. Once the report is presented in the Senate tomorrow, it will be clear.”

Dar emphasised that the unanimous approval of the draft is a positive development for the country.

Earlier, during the joint committee sessions of the Senate and National Assembly, the proposed draft of the 27th Amendment—including provisions related to the appointment of armed forces chiefs—was formally approved.

Opposition’s stance

Senators Tahir Khalil Sandhu, Hidayatullah, and Ali Haider Gilani arrived for the meeting. Senator Shahadat Awan, Saira Afzal Tarrar, and Bilal Azhar Kiani are also present, along with Mahmood Bashir Virk. National Assembly member Shumaila Rana will join the session via video link.

Candidates for opposition leadership in the National Assembly and Senate, Mahmood Khan Achakzai and Nasir Abbas, along with Mustafa Nawaz Khokhar, addressed the media, criticising the amendment.

Achakzai said an attack on the Constitution took place on a holiday. He described the incident as an assault on the very foundations of Pakistan, likening it to “9/11”.

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“We have come here fully aware and with determination,” he said, adding, “A corrupt group has taken control of Pakistan without elections”.

Achakzai emphasised his commitment to the country, saying, “We are people who love Pakistan. I have taken an oath to defend the Constitution five times. This attack is an attack on the very foundations of the country,” adding that the functioning of Parliament will not be allowed.

Khokhar slammed the proposed 27th Constitutional Amendment, saying it grants exemptions to the President and Prime Minister for personal benefit.

He recalled that the 1973 Constitution was enacted after a major national tragedy and said, “We must oppose this 27th amendment. It is the duty of every section of society to resist it.” He warned, “If the Amendment passes, it will mark the death of the 1973 Constitution”.

Senator Raja Nasser Abbas told the media, “Ayub Khan and Zia-ul-Haq imposed martial law, and Yahya Khan tried to divide the country. Our nation is now heading towards fascism”.

He claimed that the Constitution in the country has effectively died. “They hold a majority in the Senate. Even if they didn’t, they would still find a way to impose their will. This will one day prove to be a spider’s web”.

Achakzai announced that protests will begin tonight at 8:30 pm, with the slogan: “We do not accept such a constitution.”

Senate session to discuss 27th Constitutional Amendment

Senate session also deliberated on the proposed 27th Consitutional Amendment under the Chairmanship of Yousaf Raza Gilani.

PTI Senator Ali Zafar addressed the Senate, cautioning that the proposed constitutional amendment would “sound the death knell for the Supreme Court.” He emphasised that the Constitution serves a vital role between the state and the people.

“The way you are amending the Constitution is like destroying a structure,” Zafar said, drawing a stark comparison between the changes and the demolition of a building. He recalled that while past military regimes had undermined the Constitution, the 18th Amendment had restored its fundamental spirit.

He stressed that Parliament is formed by the people’s vote and that the Constitution guarantees citizens’ fundamental rights. An independent judiciary, he added, is the guarantor of democracy, with civilian supremacy a core principle.

Zafar questioned the legitimacy of the current Parliament, asserting that “there is no national consensus on this amendment; this Parliament was formed through a flawed election.” He accused the amendment of undermining judicial independence, effectively reducing the Supreme Court to a “Supreme District and Sessions Court”.

He also warned that the new constitutional courts are unnecessary, describing them as a “warehouse” for cases that will primarily involve disputes between the public and the government.

Opposition members attended the Senate session wearing black armbands in protest. Condemning provisions that allow the executive to transfer judges at will, Zafar said judges who refuse transfers would be forced into retirement, granting the executive full control over the judiciary.

27th Constitutional Amendment

The federal government moved a significant constitutional reform package to the upper house as the proposed 27th Amendment Bill was formally presented in the Senate, following approval from the federal cabinet on Saturday (yesterday). The bill seeks to introduce major structural changes to Pakistan’s military command framework and judicial system.

Under the proposal, a new post titled Chief of the Defence Forces would be created, effectively replacing the office of the Chairman Joint Chiefs of Staff Committee. The amendment outlines a revised chain of command by altering Article 243, which deals with the control and command of the armed forces.

The bill also proposes the establishment of a Federal Constitutional Court mandated to adjudicate constitutional disputes and provide authoritative interpretation of constitutional questions. For this purpose, a separate new chapter would be inserted into Part VII of the Constitution.

In addition, the amendment seeks notable changes to Article 175A, which currently governs the appointment of judges to superior courts. The proposed modifications are aimed at reshaping the process of judicial appointments in line with the new constitutional court framework.

Immunity for President

On the demand of the Pakistan Peoples Party, the draft of the proposed 27th Constitutional Amendment includes a provision granting the president lifetime immunity from prosecution and arrest, ensuring that no case can be filed against the president during or after their tenure.

Sources said the clause was added following a demand by the Pakistan Peoples Party (PPP) during deliberations in the joint parliamentary committee on Saturday.

A new clause has been added to Article 248 of the Constitution, which is being amended to grant the president lifetime legal immunity, expanding the protection that currently applies only during the term of office.

At present, Article 248 grants complete legal protection to the president and governors during their tenure, barring the initiation or continuation of criminal proceedings against them and preventing any court from issuing orders for their arrest or imprisonment while they hold office.

The amendment seeks to insert the phrase “Notwithstanding any judgment of any court,” before the word “President” in clause (1) of Article 248. Meanwhile, clause (2) will be revised to state that no criminal proceedings shall be initiated or continued against the president for life, and against a governor only during their term.

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Similarly, clause (3) will be amended to specify that no court shall issue orders for the arrest or imprisonment of the president for life, whereas such protection for governors will remain limited to their period in office.
Restructuring of military command

Under the bill, Article 243 is amended to consolidate command of the armed forces under a single authority. The proposed clause states that the president, acting on the advice of the prime minister, will appoint the Chief of the Army Staff concurrently the Chief of the Defence Forces, along with the Chiefs of the Navy and Air Staff, and determine their “salaries and allowances”.

The bill provides that the office of the Chairman Joint Chiefs of Staff Committee will stand abolished from November 27, 2025. Strategic military authority would instead be concentrated under the new Chief of the Defence Forces.

Clause (5) provides that “The office of the Chairman, Joint Chiefs of Staff Committee shall stand abolished with effect from the twenty-seventh day of November two thousand and twenty-five”.

Additional clauses outline a revised appointment structure for senior command. The prime minister, on the recommendation of the Chief of the Army Staff concurrently the Chief of the Defence Forces, will appoint the Commander of the National Strategic Command, with salaries and allowances determined by the prime minister.

As per clause (7), “Where the Federal Government promotes a member of the Armed Forces to the rank of Field Marshal, Marshal of the Air Force or Admiral of the Fleet, such officer shall retain the rank, privileges and remain in uniform for life,” it added.

These officers are granted constitutional protection and may not be removed except through the procedure outlined under Article 47. The immunity available to the president under Article 248 is also made applicable to them.

Further provisions state that after completion of their command, the federal government will determine their responsibilities ‘in the interest of the state’, and the president, on the advice of the prime minister, will set their salaries and privileges.

Transfer of High Court judges

The bill also amends Article 200, empowering the president to transfer High Court judges between provinces based on the recommendation of the Judicial Commission of Pakistan, which, for this purpose, will include the Chief Justices of both High Courts concerned.

The amendment adds that “the Chief Justices of both High Courts shall also be members of the Judicial Commission of Pakistan for this clause”.

The amendment further provides that a transferred judge’s seniority will be counted from the date of initial appointment and specifies that no transfer may result in a judge becoming senior to the Chief Justice of the transferee High Court.
A new clause states that a judge who does not accept the transfer “shall be deemed to have retired”.

Federal Constitutional Court proposed

A major structural change comes through the creation of a Federal Constitutional Court, introduced via a new Chapter under Part VII of the Constitution. The Court will consist of a Chief Justice and several judges determined by the Parliament, or until then, fixed by the president. It may include an equal number of judges from each province.

The proposed Article on the constitution of the court states, “The Federal Constitutional Court shall consist of a Chief Justice to be known as the Chief Justice of the Federal Constitutional Court of Pakistan, and so many other judges as may be determined by Act of Majlis-e-Shoora (Parliament) or, until so determined, as may be fixed by the president.” Further, “The Federal Constitutional Court may have an equal number of Judges from each province”.

The court will hold original jurisdiction in constitutional disputes between governments and may also hear matters relating to the enforcement of fundamental rights. Its judgments will be declaratory.

A transitional clause states that all petitions, appeals, or review applications currently pending before the Supreme Court or its constitutional benches that fall under this jurisdiction will be transferred to the Federal Constitutional Court.

Judges of the court will serve until the age of sixty-eight, while the Chief Justice will hold office for a three-year term, retiring upon completion of the term regardless of age.

Changes to judicial appointments

To accommodate the new court, the bill amends Article 175A, expanding the composition of the Judicial Commission of Pakistan to include the Chief Justice of the Federal Constitutional Court, the Chief Justice of the Supreme Court, senior judges of both courts, and an additional judge jointly nominated by both chief justices. The senior of the two chief justices will chair the Commission.

“The senior amongst the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court shall be the Chairperson of the Commission,” with their inter se seniority determined by the date of appointment,” it added.

Transitional arrangements allow the president, on advice of the prime minister, to appoint the first Chief Justice and initial judges of the Federal Constitutional Court.

The amendment also seeks to bring about changes, including the abolition of suo motu powers, the deletion of Article 184 from the Constitution, and the removal of Articles 186 and 191A.

The proposed clause, which states that “in the Constitution, Article 184 shall be omitted,” effectively abolishes the Supreme Court’s long-standing original jurisdiction, which had empowered it to hear cases of public importance concerning the enforcement of fundamental rights.

This omission signifies a structural shift, transferring such constitutional jurisdiction to the newly established Federal Constitutional Court as envisaged in the amendment.

The bill further declares that “in the Constitution, Article 186 shall be omitted.” This removes the president’s power to refer questions of law to the Supreme Court for advisory opinion, a power that had existed since the Constitution’s inception in 1973. Its omission confines the Supreme Court’s function strictly to adjudicatory matters.