ISLAMABAD: Just a day after passing through the Senate, the 27th Constitutional Amendment Bill was tabled in the National Assembly on Tuesday, triggering fierce accusations from the opposition that the ruling coalition is consolidating power for the elite while shielding the corrupt and untouchable.
The bill, introduced by Law Minister Azam Nazeer Tarar, proposes significant constitutional changes, including the creation of a Federal Constitutional Court (FCC), judicial reforms, and lifetime immunity for the president and field marshal. The provisions sparked heated objections from the opposition Pakistan Tehreek-e-Insaf (PTI), which labelled the bill a threat to democracy and a move to entrench an elite ruling class.
PTI vowed to reject the provisions at all costs and pledged to protest against them through all available platforms, including street demonstrations.
Speaking on a point of order, PTI Chairman Barrister Gohar Ali Khan condemned the amendment as a flawed and undemocratic move that could reduce the country’s fledgling democracy to little more than a façade.
“If this amendment passes, the constitution will be rendered meaningless,” Khan warned, adding that the PTI would not accept what he called a “betrayal of the public trust.”
He singled out the proposal to establish the FCC, accusing the government of undermining the judicial reforms agreed upon in the 26th Constitutional Amendment and the Charter of Democracy.
Khan also strongly criticised the provision granting lifetime immunity to the president and field marshal, which would shield them from criminal prosecution, describing it as an affront to democracy.
“What kind of democracy allows a president or any senior military officer to be above the law,” he asked, pointing to the disparity between the immunity granted to the highest offices and the struggles faced by ordinary Pakistanis.
“This bill is a slap in the face of the people who struggle to pay for basic needs like food, healthcare, and access to the courts,” he added, warning that the amendment would entrench a new, self-serving elite class.
In defence of the bill, Law Minister Azam Nazeer Tarar argued that the proposed changes were essential to address the growing backlog of constitutional cases and reduce the burden on the Supreme Court.
He explained that the establishment of the FCC would allow the court to focus on matters affecting ordinary citizens while efficiently handling constitutional challenges.
He further clarified that the FCC would not possess the sweeping suomotu powers critics had feared. Instead, applications would be subject to strict criteria under Article 184(3) of the Constitution.
“This amendment aims to create a more efficient, transparent legal system,” he said, stressing that the proposed court would not be used for political retribution.
On the issue of judicial transfers, the law minister assured that the Judicial Commission of Pakistan (JCP) would have the authority to move judges, though with safeguards in place to prevent arbitrary decisions.
He also addressed concerns about the concentration of power in the presidency, noting that former presidents would still face accountability under certain conditions, even as they retain immunity after leaving office.
Tarar highlighted the military’s crucial role in Pakistan’s defence, particularly during the India conflict, and noted the unity displayed in the House and the support Pakistan received from the OIC and Arab countries after the victory.
He explained that the army chief’s appointment is governed by the Army Act, and that the Field Marshal rank, a lifetime honour in many countries, is based on military rank.
He added that once the Field Marshal rank is conferred, it must be brought within constitutional limits, emphasising the army chief’s exceptional performance: “We were part of the war committee and saw the army chief’s [Asim Munir] skill firsthand.”
While the ruling coalition, which holds a comfortable majority in the National Assembly, largely supported the bill, opposition parties – particularly PTI – expressed strong disapproval.
The provisions regarding lifetime presidential immunity and the field marshal, in particular, sparked heated debate, with many lawmakers questioning their fairness and democratic legitimacy. In a separate development, Mustafa Kamal of the Muttahida Qaumi Movement-Pakistan (MQM-P) raised concerns over the lack of amendments to Article 140-A of the Constitution, which pertains to local governance.
He indicated that his party would seek to address this issue in the upcoming 28th Constitutional Amendment, underscoring the importance of local governments in delivering essential services at the grassroots level.
The bill now requires a two-thirds majority in the National Assembly to pass. With the ruling coalition holding a clear majority of 336 seats in the 342-member House, the amendment is expected to pass unless significant opposition resistance alters the dynamics.
Copyright Business Recorder, 2025
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