ISLAMABAD: Amidst fierce opposition, the Upper House of the Parliament, Thursday, nodded its approval to the changes in the 27th Constitutional Amendment, a highly contentious law which grants constitutional protection to the top positions of the Armed Forces and the President, establishes the Federal Constitutional Court, permits the transfer of high court judges and introduces several other key amendments and substitutions to the Constitution.
The bill was signed into law by President Asif Ali Zardari shortly after its passage from the Senate.
Like the previous session in which the constitutional amendment was passed earlier on Monday, all the 64 senators who voted for the constitutional amendment again voted for its amended version in the Senate session on Thursday.
In the 96-seat legislature, at least 64 votes are required to ensure the required two-thirds majority to get a constitutional amendment sailed through the House.
Two opposition senators, Saifullah Abro from the Pakistan Tehreek-e-Insaf (PTI) and Ahmed Khan from the Jamiat Ulema-e-Islam-Fazal (JUI-F), voted for the constitutional amendment bill in violation of their respective party policies, despite that the leadership of these political parties categorically rejected the new law.
In Monday’s session, Abro had announced his resignation from the Senate but only after voting against his party’s policy. Still, Chairman Senate Yousaf Raza Gilani allowed him to vote in Thursday’s Senate session.
Soon after Law Minister Azam Tarar presented the bill containing changes in the 27th Constitutional Amendment, PTI Parliamentary Leader Barrister Syed Ali Zafar said that Abro had announced his resignation on the floor of the House, and, therefore, was not eligible to vote.
Gilani responded that he did not formally receive Abro’s resignation in writing.
Zafar said that Abro voted against the party policy on the constitutional amendment, which, he said, warranted the application of Article 63-Ato have him disqualified from the Senate on account of defection.
JUI-F’s Kamran Murtaza also said that one of the JUI-F legislators voted for the constitutional amendment against the party policy, referring to Khan. He said Khan has been expelled from the JUI-F, a scenario that seeks the application on 63-A over defection.
Still, the chairman Senate allowed both senators to vote, as the PTI members staged a walkout from the House after strongly protesting against the amendment. The JUI-F’s four senators stayed in the House, but voted against the amendment. The bill was finally passed with 64-4.
In the previous session, the entire opposition, barring Aimal Wali from Awami National Party (ANP), walked out of the House and did not vote on the amendment. This resulted in none of the votes having registered against the constitutional amendment. Wali voted for the bill on both occasions.
In the revised, the government made four changes while scrapping an equal number of provisions. Among the key amendments, the term “Federal Constitutional Court” was added to Clause 2-A of Article 6 related to high treason.
An act of high treason shall not be validated by any court, including the Supreme Court, High Court, and Federal Constitutional Court, reads the amended clause.
Article 176 was also revised—ensuring that the current Chief Justice Yahya Afridi will retain his position until the end of his term.
Apart from that, in accordance with the 27th Constitutional Amendment, the Prime Minister, on the recommendation of the Chief of Defence Forces, will appoint a commander of the National Strategic Command from within the Pakistan Army. Under the amendment, any officer awarded the rank of field marshal, marshal of the air force, or admiral of the fleet will remain in uniform for life. Their ranks and privileges will also continue permanently.
The bill provides that the aforementioned three top Armed Forces officials, being the “national heroes,” cannot be removed from their official positions by the government. They can only be removed through impeachment by the Parliament in the light of this bill.
Furthermore, according to the constitutional amendment bill, the holders of these ranks will enjoy judicial immunity for life, similar to that of the President. Upon completion of their command tenure, the federal government may assign them any role or responsibility in the national interest.
The Federal Constitutional Court will be established in the country, and the authority to transfer high court judges will be given to the Judicial Commission of Pakistan.
The constitutional amendment further provides that if a high court judge refuses to accept a transfer, they will be considered retired.
A judge of the Federal Constitutional Court will remain in office until the age of 68. The Chief Justice of the Federal Constitutional Court will retire upon completing their three-year term.
The amendment further provides that neither the Constitutional Court nor the Supreme Court will have the authority to transfer any appeal or case from a high court to itself or to any other high court. The decisions of the Federal Constitutional Court will be binding on all courts in Pakistan, including the Supreme Court. All courts, except the Constitutional Court, will be bound by the decisions of the Supreme Court.
The initial judges of the Federal Constitutional Court will be appointed by the President, on the advice of the Prime Minister, and in consultation with the Chief Justice of the Federal Constitutional Court.
Under the constitutional amendment, Article 184 on suo motu notices has been removed.
The new law provides that no criminal proceedings can be initiated against the President for life, and no criminal proceedings can be initiated against a governor during their term. No court will be able to take action to arrest or imprison the President or a governor in accordance with this bill.
Copyright Business Recorder, 2025