Govt pushes 27th Amend Bill in Senate after cabinet’s nod amid heated political, legal debate

  • PM Shehbaz chairs cabinet session via video-link from Baku to approve draft as allies back the bill aiming to streamline constitutional process
  • Cabinet-approved draft tabled in Senate which was referred to NA, Senate law panels for detailed review
  • Joint session of NA and Senate law panels convened; JUI-F members boycott over provincial rights concerns
  • Law Minister emphasizes discussions to continue until a consensus reached among all members, inviting opposition to join session
  • PM Shehbaz engages allies; opposition PTI and JUI-F raise concerns over provincial rights, NFC shares and transparency

ISLAMABAD: In a decisive move, the federal government on Saturday accelerated the much-debated process for the 27th Constitutional Amendment, presenting the bill in the Senate immediately after federal cabinet approval.

The step, described by some critics as “rushed,” triggered intense discussions in the parliamentary committees on law and justice, highlighting the complex interplay of politics, provincial rights, and judicial reforms in Pakistan.

The move has drawn both support from allied parties and sharp criticism from opposition and legal experts who view certain aspects as encroaching on provincial autonomy and the 18th Amendment.

The draft, which has been under deliberation for over a decade, proposes significant structural changes, including the formation of a Federal Constitutional Court, revisions in the appointment and transfer processes of high court judges, adjustments to provincial cabinet thresholds, and modifications to the military leadership structure.

Committee Deliberations and Initial Reactions

After the Senate tabled the bill, it was referred to the standing committees on law and justice, which convened a joint session of the National Assembly and Senate committees to discuss its provisions. However, two Jamiat Ulema-i-Islam-Fazl (JUI-F) members, Aliya Kamran and Senator Kamran Murtaza, boycotted the session, citing that the draft included clauses that had been previously discarded in the 26th Amendment deliberations.

Law Minister Azam Nazeer Tarar, speaking to media after the session, emphasized that discussions would continue until a consensus was reached among all members. “All parties were participating, and we even requested the opposition to join the session,” Tarar said, adding that the boycott was limited to JUI-F members who had been instructed by their party leadership not to attend.

 

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Tarar described the amendment as a “long-awaited” reform, which had been part of constitutional discussions for the past 10–15 years. He recalled that during the 18th and 26th Amendments, similar proposals had been debated but were either delayed or modified based on political consensus. “One of the aims of the proposed changes is to eliminate the criticism of a ‘court within a court,’” he added, noting that arguments on approximately 60 percent of the clauses had already been completed.

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Senate and standing committee sessions were adjourned until Sunday, November 9, signaling the government’s intent to continue deliberations without pause until key issues were resolved. Former Law Minister Farooq H. Naek also confirmed that about 80 percent of the bill had been discussed, with minor errors in the draft to be corrected before finalization.

Key Features of the Bill

Law Minister Tarar outlined that the bill addresses five main areas of constitutional reform:

Federal Constitutional Court: The bill proposes the formation of a Federal Constitutional Court comprising superior court judges from all provinces. This court would exclusively hear constitutional matters, while other courts would continue with regular judicial business. The idea had been previously included in the 2006 Charter of Democracy.

27th Constitutional Amendment Draft by Shahzeb ahmed

Transfer of Judges: Currently, the Constitution allows the president, on the advice of the prime minister and in consultation, to transfer judges. The 18th Amendment modified the two-year transfer clause to require a judge’s consent for longer assignments. The new draft proposes that the Judicial Commission of Pakistan (JCP) handle judge transfers, removing executive interference while retaining safeguards to prevent disputes regarding senior judges.

Provincial Cabinets: The bill proposes increasing the 11 percent provincial cabinet threshold to 13 percent, with an increase in provincial advisers from five to seven. This change addresses concerns raised by most provinces, except Punjab.

Military Leadership and Titles: Article 243, which gives the federal government control over armed forces, is also under review. The amendment clarifies titles such as field marshal, marshal of the air force, and admiral of the fleet as honorary lifetime titles for national heroes, distinct from operational appointments like COAS or chief of defense forces. Responsibilities of these positions will be defined by Parliament post-appointment.

Elections and Upper House Procedures: To address delays in Senate elections and subsequent appointments of the chairman and deputy chairman, the bill introduces clauses ensuring clarity in the process, preventing potential disputes.

Political Consultations and Approvals

Before the Senate session, Prime Minister Shehbaz Sharif chaired the federal cabinet meeting via video link from Azerbaijan, where he was attending international engagements. The cabinet approved the draft for the 27th Constitutional Amendment and welcomed the effort as a step toward strengthening federal-provincial relations and promoting national interests.

The prime minister emphasized that he had taken the guidance of former Prime Minister Nawaz Sharif and President Asif Ali Zardari into account while finalizing the draft. He also acknowledged support from allied party leaders, including PPP Chairman Bilawal Bhutto-Zardari, ANP President Aimal Wali Khan, and PML-Zia head Ijazul Haq.

PM Shehbaz also consulted multiple ruling allies on Thursday, including top leadership of the PML-Q, Istehkam-i-Pakistan Party (IPP), MQM-P, Balochistan Awami Party (BAP), and others, to secure a consensus for the amendment. The federal cabinet highlighted that joint efforts were made to ensure the amendment reflected the wider interests of the federation while strengthening relations with provinces.

Opposition Concerns and Criticism

The Pakistan Tehreek-i-Insaf (PTI) strongly criticized the amendment, terming it a potential encroachment on provincial rights. PTI leaders, including Senator Ali Zafar, questioned the timing and secrecy of the draft, arguing that the opposition had received the bill only on the day of the Senate session, leaving insufficient time for review.

PTI Secretary General Salman Akram Raja claimed that certain provisions, such as creating a court system subordinate to the federal government, could undermine judicial independence. Former National Assembly Speaker Asad Qaiser also reiterated that the current parliament, lacking a full mandate, should not rush major constitutional changes.

Meanwhile, JUI-F and MQM-P raised concerns over clauses that could diminish provincial autonomy and were pushing for robust local government structures, reflecting a persistent demand for greater devolution of powers.

Provincial Implications and Legal Experts’ Views

The proposed amendment has triggered debate across provinces, particularly regarding Article 243 and the provincial NFC shares. While the PPP expressed conditional support for reforms affecting the military and constitutional courts, it firmly opposed any rollback of the 18th Amendment or provincial financial entitlements.

Legal experts have described the bill as ambitious, noting that the creation of a Federal Constitutional Court could streamline constitutional disputes but might also require careful balancing to avoid overlapping with existing judicial structures. Lawyers have cautioned that provincial buy-in and public consultation are critical to maintaining the integrity of Pakistan’s federal framework.

Public and Institutional Feedback

The bill has sparked extensive discussions within the law ministry, provincial governments, and civil society organizations. Federal officials have highlighted that previous amendments, such as the 18th and 26th, involved extensive consultations, while the current draft builds upon those discussions to modernize judicial and administrative processes.

The law minister also noted that pending bills, including MQM-P’s proposals on local governments and BAP’s proposals on increasing assembly seats, will be discussed in conjunction with the 27th Amendment to ensure alignment with parliamentary priorities.

The Senate and standing committees will reconvene on Sunday, November 9, to continue deliberations. Law Minister Tarar emphasized that discussions would persist until consensus was achieved across party lines. The final report from the joint committee will be presented before the House for consideration, paving the way for the next stages of the legislative process.

Context and Historical Significance

The 27th Constitutional Amendment marks a continuation of Pakistan’s ongoing efforts to refine federal-provincial relations, judicial efficiency, and governance structures. The amendment addresses longstanding issues related to constitutional benches, provincial cabinet structures, and judicial appointments. Observers note that while the amendment aims to improve efficiency and reduce bureaucratic bottlenecks, its political and legal implications are likely to dominate national discourse in the coming weeks.

As the government moves toward finalizing the 27th Constitutional Amendment, it faces the dual challenge of balancing judicial reform, provincial autonomy, and political consensus. Prime Minister Shehbaz Sharif and Law Minister Azam Nazeer Tarar have underscored the importance of deliberative discussion, while opposition parties and provincial leaders continue to voice concerns over potential overreach. With sessions set to resume and multiple stakeholders engaged, the coming days will be critical in shaping the country’s constitutional trajectory and the broader political landscape.

Saleem Jadoon
Saleem Jadoon
News Editor at Pakistan Today

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