ISLAMABAD: The 27th Constitutional Amendment Bill was presented in the Senate on Monday amid raucous protests from opposition lawmakers, marking a crucial step toward reshaping Pakistan’s judicial and constitutional framework.
The session, presided over by Chairman Syed Yousaf Raza Gilani, saw Senator Farooq H. Naek, Chairman of the Senate Standing Committee on Law and Justice, lay before the house a detailed report on the proposed amendment. The bill, earlier approved with minor modifications by a joint session of the law and justice committees of both houses, had been boycotted by opposition members.
Naek informed the Senate that the committee deliberated over the bill for two days and introduced “many changes” to the original draft. Central to the amendment is the creation of a **Federal Constitutional Court (FCC)**, which will handle constitutional matters currently dealt with by the Supreme Court. He clarified that the FCC would ensure **equal representation from all provinces** as well as one member from the Islamabad High Court.
The committee also agreed to reduce the eligibility requirement for FCC judges from seven to five years of service in the high court. Naek explained that judges drawn from the Supreme Court would retain their seniority, while new appointees from the bar or high courts would be ranked from the date of their appointment. If multiple judges assumed office on the same day, seniority would be determined by age.
Naek also highlighted reforms concerning the **Judicial Commission of Pakistan (JCP)**, which was restructured under the 26th Amendment. The speaker of the National Assembly, he said, would now have the power to nominate a **woman, non-Muslim, or technocrat** for the JCP, ensuring broader representation.
Discussing judicial powers, Naek said the FCC would retain **suo motu authority**, but only after a formal application was filed and vetted for necessity. He also proposed that interim stay orders under Article 199 would automatically lapse after one year to prevent case backlogs.
The amendment further revises the **procedure for transferring judges** between high courts. Previously, transfers required presidential approval with the judge’s consent and consultation between two chief justices. Under the new proposal, such transfers would be routed through the JCP, which includes representatives from all branches of government, civil society, and the legal community.
Monday’s proceedings began with Senator Manzoor Kakar presiding in Gilani’s temporary absence. PML-N’s **Agha Shahzaib Durrani** opened the debate, defending the creation of a constitutional court to reduce the Supreme Court’s heavy caseload. He accused the opposition, particularly the PTI, of “turning the Presidency into an ordinance factory” during its tenure.
PPP Senator **Zamir Hussain Ghumro** dismissed opposition claims that the 27th Amendment represented a “9/11 on Pakistan,” arguing that the Supreme Court had strayed from its constitutional mandate. “This amendment will strengthen the judiciary and the federation,” he asserted.
Ghumro also endorsed the proposed change to **Article 243**, advocating immunity for the army chief, recalling Pakistan’s recent conflict with India. “Our heroes deserve respect, not trials,” he remarked.
Opposition lawmakers, however, decried the bill as an assault on institutional independence. PTI’s **Fawzia Arshad** condemned the delay in notifying an opposition leader in the Senate and accused the government of “trampling institutions.”
MQM-P’s **Amir Waliuddin Chishti** expressed disappointment that promised revisions to Articles 142 and 140-A might be deferred to a future amendment, while PML-N’s **Khalil Tahir Sindhu** lauded the military’s leadership during the May conflict.
Despite the uproar, the Senate is expected to vote on the 27th Amendment in the coming days — a move that could redefine Pakistan’s judicial structure and inter-institutional balance.
