ISLAMABAD: The National Assembly held a day-long debate on the 27th constitutional amendment bill after its introduction in the House by the Minister for Law and Justice, Senator Azam Nazeer Tarar, while the PTI Chairman Barrister Gohar Ali Khan dubbed the same as ‘Baku Amendments’.
Taking the floor after the Minister for Law, the PTI leader said that the head of a nuclear state was approving amendments from abroad. Prime Minister Shehbaz Sharif, who was on an official visit to Azerbaijan, chaired the federal cabinet which approved the draft of the 27th amendment bill via video link.
Saying that cases have been closed and sidelined to benefit certain interests, Barrister Gohar said that buildings constructed for personal gain are considered monuments of slavery. “Today is a day of mourning for democracy as steps are being taken to bury the constitution,” he said, adding that the opposition do not accept these Baku Amendments.
Explaining salient features of 27th Amendment Minister for Law and Justice, Senator Azam Nazeer Tarar, said the 27th Constitutional amendment establishes the Federal Constitutional Court, removes person-specific suo moto actions, and gives federating units equal representation per the Charter of Democracy, with the Islamabad High Court also represented; its permanent seat shall be in Islamabad. The court will handle constitutional matters and interpretation, while the Supreme Court addresses over 62,000 civil cases. The president may transfer high court judges on the Judicial Commission of Pakistan’s recommendations and terms; chief justices of high courts will join the Commission. Globally, constitutional benches manage such issues and appointments via judicial commissions, the minister said.
The President, on the Prime Minister’s advice, appoints the Chief of Army Staff (concurrently Chief of Defence Forces), air staff chief, and naval staff chief. Tarar said the Chairman Joint Chiefs of Staff Committee office will abolish on November 27 upon the incumbent’s retirement. The Prime Minister, on the Chief of Army Staff’s recommendation, appoints the National Strategic Command Commander from the Pakistan Army and sets his salaries. Promoting an armed forces member to Field Marshal, Marshal of the Air Force, or Admiral of the Fleet grants lifelong rank, privileges, and uniform (Article 243 amendment); post-command, the Federal Government determines their state duties. Tarar said army chief appointments follow the Army Act, and Field Marshal is a lifetime honour requiring constitutional limits. No criminal proceedings may start or continue against the president for life or a governor during office; however the exemption for the president ends when the president resumes public office, the law minister said.
The Law Minister said that effort was made to hold indepth discussions on the constitutional amendment. He mentioned the discussions that took place in the relevant standing committees of the National Assembly and the Senate. He thanked the coalition partners for their support and guidance. During his speech, the opposition benches staged a strong protest over the 27th Constitutional Amendment and raised slogans. PTI Chairman Barrister Gohar Ali Khan said the 27th amendment bill will replace the title of Chief Justice of Pakistan with Chief Justice of Supreme Court and Chief Justice of the Constitutional Court, questioning who would represent Pakistan as the country’s chief justice at international fora. Regarding the Constitutional Court and judge transfers, he accused the government of conquering the judiciary: “Now the prime minister will pick the first chief justice of the constitutional court of his own liking and then both will choose judges with their mutual consultation.” He viewed amending Article 176 as making the Constitution controversial. Gohar recalled that the PDM government’s first action upon assuming power was to amend the NAB Ordinance, stating: “Being answerable before the constitution and the law is what defines democracy.” Highlighting the ongoing corruption cases against President Asif Zardari, he asked why Zardari could not appear in court to deny the allegations and questioned the decision to grant him lifetime immunity. He argued that the amendment weakens the Constitution by reintroducing provisions withdrawn from the draft of the 26th Amendment.
PTI leader Malik Aamir Dogar alleged that President Asif Zardari, Prime Minister Shehbaz Sharif, and Nawaz Sharif have joined forces to dismantle the 1973 Constitution. “Those who speak of respecting the vote are themselves disrespecting the Constitution and wreaking havoc with it,” he said. Condemning the 27th Amendment, he stated that it negates the basic principles of Islamabad and expressed regret over the manner of its execution. “The PPP leadership and parliamentarians have, with their own hands, buried the Constitution of their party’s founder,” he added.
Minister for Defence Khawaja Muhammad Asif noted that no democratic process could proceed without devolution of power to the grassroots. He said the concept of devolution introduced in the 18th Amendment had been defeated. “We have concentrated powers in Lahore and Karachi,” he added. However, he pointed out that it was dictators such as Ayub Khan, Zia-ul-Haq, and Pervez Musharraf who established local government systems and devolved power to the people in one form or another. He mentioned that the issue will likely to be addressed in the 28th Amendment, adding that it must be done. He further emphasised the need for a uniform educational curriculum across the country to promote national identity and eliminate foreign agendas and extremism. “There is nothing common in the syllabi taught in different parts of the country,” he said.
The JUI-F parliamentarian Misbahuddin said the 27th Amendment was neither in the interest of the Constitution nor in the interest of people or the democratic system. Minister of State for Finance Bilal Azhar Kayani said the 27th Constitutional Amendment is aimed at strengthening defence and governance. He commended the sacrifices of security forces in the war on terrorism. Parliamentary Secretary Danyal Chaudhary said the federal constitutional court will ensure speedy justice, accused the opposition of not taking the constitution or parliament seriously, and claimed PTI has never been democratic. Recalling 2018 elections, he alleged forced ticket withdrawals and pressure on candidates to switch parties. He stressed democratic accountability needs constant vigilance beyond high-profile debates and urged parliamentarians to protect citizens’ rights. Criticising Khyber Pakhtunkhwa’s stalled accountability for 13 years, he challenged PTI members to name the provincial commission head.
The opposition member Sardar Latif Khosa said the NA’s majority was a product of Form 47 and has no mandate to approve any constitutional amendment. Ijazul Haq argued that reforms under Article 140 designed to give constitutional protection to local bodies, should be fully implemented to strengthen grassroots democracy. He stressed the need for centralised coordination in education, health and population control to avoid confusion among citizens and donors.
Naeema Kishwar Khan of JUI-F said her party opposed the amendment, emphasising that laws should be made for the welfare of the common people and called for protection of the local bodies system. Another JUIF MP Shahida Akhtar Ali, also rejected the package of 49 amendments in the Constitution and added they have been instructed by Maulana Fazalur Rehman to vote against the amendment. The PPP parliamentarian Ms. Sharmila Faruqi said that PPP would never compromise on rights of provinces and their people. “There will also be no compromise on the NFC award as provinces’ share can increase but cannot reduce,” she said.
Meanwhile, during National Assembly proceedings, Speaker Sardar Ayaz Sadiq stated that the appointment of the Leader of the Opposition is sub judice, and the House will await the court’s verdict. Referring to his meeting with former Speaker Asad Qaiser and MNA Amir Dogar, he said the matter would be addressed in the NA once the court decides. He noted that several MNAs had their memberships restored via judicial decisions. On the Opposition’s non-participation in Standing Committees, he remarked that the committees function regularly despite their absence, with meetings convened on members’ requisitions and parliamentary business proceeding uninterrupted. The Speaker said Opposition members have opportunities to submit recommendations, including in the Standing Committee on Law and Justice, and recalled that several of their proposals were incorporated during the 26th Constitutional Amendment. He urged the Opposition members to actively participate in the proceedings of the Standing Committees to strengthen the democratic and legislative process.