ISLAMABAD: The contentious bill for the 27th Constitutional Amendment sailed through the Senate on Monday after 64 lawmakers voted in its favour, with members of the opposition staging a noisy walkout.
The government and its coalition partners secured a two-thirds majority in the vote following the defection of two opposition members.
The bill, which had stirred controversy in the country for weeks, was presented in the Senate by Law Minister Azam Nazeer Tarar, while Senate Chairman Syed Yousaf Raza Gilani presided over the proceedings.
Initially, a clause-by-clause voting was carried out. Later, voting by division was conducted, with the entry and exit gates of the Senate closed as per the protocol.
Before the passage of the bill, opposition benches erupted in protest, chanting slogans against the government and its coalition partners. Lawmakers tore up copies of the bill and hurled them toward the Tarar’s table as he began to present it.
Most opposition members then staged a walkout, while a few stayed briefly to continue sloganeering before exiting the chamber — paving the way for the smooth passage of the bill.
A joint meeting of the Senate and the National Assembly’s law and justice standing committees — boycotted by the opposition — approved the 27th Constitutional Amendment bill with minor changes. Senate Standing Committee of Law and Justice Chairman Farooq H. Naek presented a report on those before the Upper House.
Govt presents parliamentary committee’s report
Naek tabled the report in the Senate earlier today. Following that, Chairman Gilani asked for the opposition members to be called to the house as well, pointing out that Naek would now elaborate on the reporting.
Naek told the house that the joint committee deliberated on the bill for two days and made “many changes”.
Sharing further details, he said the bill proposed the establishment of a Federal Constitutional Court (FCC), which the committee “unanimously” approved with some changes to the relevant clause.
Outlining those changes, he said there would be equal representation of all provinces in the FCC, and it would also include a representative from the Islamabad High Court.
Moving on to the second change, he said the initial draft of the bill stated that a judge could be nominated for the FCC after serving on the high court for seven years. The committee reduced this qualification merit for the FCC from seven to five years, he added.
Naek further said that the committee also agreed that if an appointment was made to the FCC from among sitting Supreme Court judges, the inter-se seniority of the appointee would remain the same as at the time of the appointment. However, in the case of a fresh appointment of a lawyer or a high court judge, the seniority would be reckoned from the date on which they would assume office.
Moreover, he continued, if multiple judges would take the oath on the same day, their seniority would be determined on the basis of their age.
He added that the Judicial Commission of Pakistan (JCP) was reconstituted under the 26th Constitutional Amendment, with the speaker being authorised to nominate a woman or a non-Muslim candidate to become a member.
The committee changed this to include a technocrat, Naek said. “So now, the speaker can nominate a woman, non-Muslim or technocrat who qualifies to be a member of Parliament for the JCP.”
He highlighted that currently, the SC had suo motu powers and could invoke Article 183 of the Constitution to take up a case at its discretion.
As for the FCC, “we have retained the suo motu powers […] but we would exercise these powers when an application is submitted. The case will be taken up for hearing after the FCC decides whether the application for exercising suo motu powers is valid and needed”.
He said that under Article 199 of the Constitution, an interim stay order in matters of revenue remained valid until the case was decided. This created a huge backlog, he remarked, adding that the interim order would now be vacated automatically after one year if no decision on the case was made until then.
He said that previously, even when the 26th Amendment was passed, judges could be transferred by the president, but the consent of the said judge was required, and two chief justices of the relevant high courts were consulted. “The amended bill has changed the method of transfers, as now, a judge will be transferred from one high court to another through the JCP, which was formed under the 26th Amendment and has the representation of all — the executive, parliament, judges, civil society, and lawyers,” Naek said.
