27th Constitutional Amendment bill sails through Senate amid opposition’s walkout

The Senate on Monday passed the 27th Constitutional Amendment bill with two-thirds majority, as 64 senators voted in its favour during the crucial session, while the opposition staged a walkout.

Minister for Law and Justice Azam Nazeer Tarar presented the bill to amend the Constitution of Pakistan, as reported by the standing committee in the House.

The constitutional amendment was passed through clause-by-clause voting, with Chairman Senate Syed Yousaf Raza Gilani reading out each amended clause for approval.

All the 59 caluses were approved one-by-one in the Upper House.

During the session, Jamiat Ulema-e-Islam (JUI)’s Ahmed Khan and Pakistan Tehreek-e-Insaf (PTI)’s Saifullah Abro also cast their votes, Aaj News reported.

As per details, a total of 64 votes were cast in favour of the amendment, while two votes were against the bill’s first clause. Opposition senators staged a protest in front of Law Minister Tarar and later walked out of the Senate.

Presenting the joint parliamentary committee on Law and Justice report on the amendment in the Upper House, Senator Farooq H. Naek said the proposed amendment included key changes related to the appointment of judges, judicial structure, and provincial representation.

Senators on the treasury benches have supported the constitutional amendment. They emphasised that the establishment of the federal constitutional court will help reduce backlog of cases in the Supreme Court.

They said the constitutional amendment will serve as a milestone for supremacy of the constitution and strengthening of democracy. While, the opposition leaders have vehemently rejected the bill.

The treasury side had last week moved the bill regarding the 27th Constitutional Amendment in the Upper House of the Parliament, which grants constitutional protection to the some dignitaries, besides creating a federal constitutional court, allowing the transfer of high court judges, and amending/ substituting other crucial constitutional provisions.

However, the draft constitutional amendment received an outright rejection from the opposition side shortly after being moved in the House.

Naek informed the House that several important revisions had been made in the draft amendment, including fixing the tenure of a high court judge at five years.

He said the proposed constitutional court would ensure representation from all provinces, and a technocrat representative had also been added to the Judicial Commission.

“A judge’s seniority will be counted from the date of appointment, while the existing seniority of Supreme Court judges will remain intact during new appointments,” he said.

Head of state enjoys immunity: Tarar

Meanwhile, Minister for Information and Broadcasting Attaullah Tarar on Monday said there was no deadlock over the 27th Constitutional Amendment.

“The constitution is a living document in which process of evolution continues,” the information minister said, talking to media persons in the Parliament House.

Tarar said debate was held in the Parliament in connection with the 27th Constitutional Amendment to ensure good governance, strengthen the bond between the federation and the provinces and enhance Pakistan’s defence might.

He added that the 27th Constitutional Amendment had been drafted while keeping in view the best international practices.

The minister said the prime minister’s decision to withdraw immunity in the proposed amendment was a good initiative and welcoming gesture and this clause had been withdrawn by the committee.

Regarding the proposed immunity to the president in the 27th Amendment, he said it was practice in the entire world that the head of the state enjoyed immunity.

About the constitutional courts, Tarar said the concept of constitutional courts existed in the entire world and the debate for establishing constitutional courts was going on since the Charter of Democracy was signed in 2006.

“It was a collective demand of the PML-N, PPP and Awami National Party to establish the constitutional courts and the debate has reached its logical culmination now,” he said.

The information minister said establishing the Constitutional Bench under the 26th Constitutional Amendment had resulted in easing workload and enhancing efficiency of the courts.

A day ago, the Senate held a detailed discussion on the amendment.

Taking part in the debate, Senator Talha Mehmood had termed the amendment as the most desired changes and need of the hour to reform the judicial system in Pakistan and strengthen defence of the country. He had said a federal constitutional court was utmost necessary for disposal of constitutional matters and to resolve issues between the federation and the provinces.

Senator Syed Masroor Ahsan had emphasised the need for a productive discussion for the sake of the country, democracy, and the constitution.

Dr Afnan Ullah Khan criticised the opposition for stoking hatred and division in the country.

Senators Azam Swati and Mohsin Aziz had called for avoiding any kind of haste in the passage of this bill.

While, senators Ali Zafar and Hamid Khan had opposed the amendment.