A session of the National Assembly (NA) is currently under way, with the house resuming the debate on the 27th Constitutional Amendment bill a day after Law Minister Azam Nazeer Tarar tabled the proposed legislation for deliberation in the lower house of Parliament.
According to the NA’s agenda for today, the house will resume the discussion on the proposed legislation, and it will then be moved by the law minister for the house’s approval.
The PML-N-led coalition government on Monday succeeded in manouvering the passage of the contentious bill through the Senate amid the opposition’s protest.
It now needs the NA’s approval, which means the support of a two-thirds majority in the 336-member house, followed by the president’s assent.
The ruling coalition commands the required number, with the PML-N holding 125 seats, PPP 74, Muttahida Qaumi Movement-Pakistan 22, Pakistan Muslim League-Quaid five, Istehkam-i-Pakistan Party four, and the Pakistan Muslim League-Zia and Balochistan Awami Party and National Peoples Party one seat each. Meanwhile, the opposition has 103 seats.
Opposition to the bill
The bill proposes the creation of a Federal Constitutional Court (FCC) as well as changes to the military leadership structure.
Taking exception to the proposed tweaks, opposition alliance Tehreek Tahafuz Ayeen-i-Pakistan has announced a nationwide protest movement against the proposed amendment, urging the people to take a stand against the “extremely dark and dangerous” change in the Constitution.
While debating it in the NA yesterday, PTI Chairperson Barrister Gohar Ali Khan accused the government of attempting to “create another elite class” by means of the bill. He made these remarks particularly in reference to a proposal in the bill to grant the president lifetime immunity from criminal proceedings and arrests, except for the period during which he holds public office following the end of their tenure.
Gohar also warned that “with the passing of the [27th] Amendment, democracy here will only exist in name,” adding that his party “will not accept” it.
Sardar Latif Khosa from his party accused the PPP of “playing naughtily” with the Constitution at the behest of the ruling PML-N.
Similarly, PTI leader Amir Dogar warned the 27th Amendment would paralyse the judiciary, adding that none of its clauses served the public interest.
On the other hand, PML-N’s Barrister Daniyal Chaudhry defended during yesterday’s NA session the planned establishment of the FCC, saying the move was aimed at preventing extra-judicial decisions and reducing the Supreme Court’s (SC) workload.
Speaking on the occasion, PPP leader Shazia Marri asserted that President Asif Ali Zardari did not seek immunity as he had already endured eight years of imprisonment without conviction. She said the PPP would never compromise on the 18th Amendment or the rights of the people.
Health Minister Syed Mustafa Kamal of the MQM referred to Article 140-A, which relates to local governments, and said his party’s proposed amendments to the article “are not dead yet” and would be discussed as part of a 28th amendment.
Defence Minister Khawaja Asif endorsed the MQM’s call for strengthening local governments to address people’s issues at the grassroots level.
Former and sitting judges, as well as lawyers, have also voiced opposition to the proposed amendment, particularly citing its implications for the Supreme Court.
Passage of the bill so far
The government’s plan to make a 27th Amendment to the Constitution is taking shape roughly a year after it managed to get the 26th Constitutional Amendment approved.
The 26th Amendment was passed by Parliament during an overnight session in October 2024, with the PTI claiming seven of its lawmakers were abducted to gain their favour as the party opposed the legislation. The Balochistan National Party-Mengal (BNP-M) also alleged its two senators were being pressured, with both later defying party line to vote in the tweaks’ favour.
In the following months, even though the 26th Amendment remained mired in controversy and continued to face challenges in the court, the power corridors in Islamabad remained abuzz with talk of a possible 27th Constitutional Amendment.
The speculation about whether the government intended to further tweak the Constitution was put to rest when PPP Chairperson Bilawal Bhutto-Zardari announced on social media platform X on November 3 that a Prime Minister Shehbaz-led delegation had sought his party’s support for the amendment.
Subsequntly, PM Shehbaz had also held consultations with other ruling allies to secure support for the controversial amendment.
The bill was then tabled in the Senate on Nov 8, just hours after it was approved by the federal cabinet in a meeting chaired by PM Shehbaz via a video link from Baku. It was subsequently referred to the Senate and NA standing committees on law and justice, which approved it the very next day with some minor changes to the initial draft.
Law Minister Tarar tabled it in the Senate for voting on Nov 10. The contentious bill was approved by the upper house of Parliament after 64 lawmakers voted in its favour, with members of the opposition staging a noisy walkout. The PML-N led coalition government had managed to secure a two-thirds majority to get the bill passed with the unexpected support of two opposition senators who voted against their party lines.
