Islamabad: The National Assembly of Pakistan witnessed high drama as Federal Law Minister Azam Nazeer Tarar tabled the 27th Constitutional Amendment Bill, proposing sweeping changes to the country’s judicial structure, top military appointments, and presidential immunity. The bill, which had already been passed by the Senate with a two-thirds majority the previous day, faced strong protests and sloganeering from the opposition benches during its presentation.
Key Features and Justification of the Amendment
Addressing the session presided over by Speaker Ayaz Sadiq, Law Minister Azam Nazeer Tarar justified the bill by stating that it fulfills a core promise within the “Charter of Democracy” regarding the establishment of a constitutional court. He regretted the opposition’s absence from the joint committee tasked with discussing the amendments.
1. Establishment of Federal Constitutional Court: The central feature is the creation of a Federal Constitutional Court. Tarar noted that 47 out of the 59 amendments were necessitated by the establishment of this court. This new court is intended to handle provincial matters and constitutional cases, thereby reducing the immense burden on the Supreme Court, which currently hears over 62,000 cases, including civil suits. He assured that if the amendment passes, the current Chief Justice would head the new Constitutional Commission and its related bodies.
2. Changes to Top Military Appointments: The amendment introduces the new office of Chief of Defence Forces while abolishing the post of Chairman Joint Chiefs of Staff Committee. The Army Chief will now also serve as the Chief of Defence Forces. Tarar argued this measure was essential to bring the rank (Field Marshal) of the military chief, whose performance he highly praised, into the constitutional framework.
3. Presidential Immunity and Curbing Suo Motu Powers: The bill proposes lifelong immunity for the President; however, this immunity would cease if the individual returns to a public office. Crucially, the Law Minister pointed to the past misuse of Suo Motu powers, which he claimed had damaged the country’s economic system. He announced that the bill seeks to abolish the existing Suo Motu authority and establish a defined procedure for its application.
4. Judicial Commission Restructuring and Judges’ Transfers: The proposed bill includes a revised structure for the Judicial Commission, featuring 5 Supreme Court/Constitutional Court judges and 2-2 members each from the government and opposition. This Commission is granted the power to transfer judges. A stringent clause dictates that if a judge refuses to accept a transfer ordered by the Commission, they will be considered retired. Tarar mentioned that this change addresses previous controversies surrounding transfers under Article 200.
Political Division and Walkout
Throughout the Law Minister’s speech, the opposition maintained a posture of protest and continuous sloganeering. Despite this, the bill’s passage in the Senate was notable, as some opposition members, including PTI’s Senator Saifullah Abro and JUI’s Ahmad Khan, stood in support of the bill. However, a significant number of senators had staged a walkout. The government has requested a comprehensive debate and subsequent voting on the sensitive bill in the National Assembly.
