Senate Passes 27th Constitutional Amendment with Two-Third Majority

The Senate on Monday approved all 59 clauses of the 27th Constitutional Amendment with a two-third majority, marking a major milestone in parliamentary legislation and governance reforms.

Law Minister Azam Nazeer Tarar presented the 59-clause 27th Constitutional Amendment Bill, which secured 64 votes — a two-thirds majority — in the 96-member Senate. With no votes against it, the amendment now moves to the National Assembly for approval, as the opposition benches boycotted the voting session.

In addition to treasury members, Awami National Party (ANP), PTI-backed Senator Saifullah Abro, and JUI-F’s Ahmed Khan supported the Bill. Interestingly, Senator Abro also refrained from joining the opposition’s protest.

Explaining the objective behind the legislation, Tarar stated that the amendment was formulated following proposals from political parties and bar councils to establish a Federal Constitutional Court (FCC).

“The proposal arises from the growing number of constitutional petitions being filed before the Supreme Court, which has slowed down the disposal of regular civil and criminal cases,” he explained.

The law minister emphasized that the Federal Constitutional Court would ensure specialized adjudication of constitutional matters, enabling the Supreme Court to concentrate on its appellate jurisdiction and reduce case backlogs.

Tarar further highlighted that the FCC would include judges with deep expertise in constitutional law. He added that amendments to Article 243 were also incorporated to enhance procedural clarity and administrative structure within the armed forces, along with other consequential constitutional adjustments.

Parliamentary committee report

Earlier, during the session, Pakistan Peoples Party (PPP) Senator Farooq H. Naek presented a report of the joint parliamentary committee on the 27th Amendment bill in the Senate, with some tweaks made to the draft approved by the federal cabinet.

Senator Farooq H. Naik, Chairman of the Senate Standing Committee on Law and Justice, briefed members on the key points, highlighting significant reforms, including the establishment of a Federal Constitutional Court with equal provincial representation and the inclusion of a technocrat and an Islamabad High Court representative.

Presenting the report in House, Farooq H Naek said that the report has been finalised after extensive deliberations by the committee members.

He said key recommendations were also incorporated to ensure judicial accountability, institutional balance, and equal representation of all provinces in the proposed Federal Constitutional Court.

He said that the committee thoroughly reviewed the draft bill clause-by-clause and suggested amendments regarding judicial appointments, the process of judges’ transfer through the Judicial Commission of Pakistan, the scope of suo motu powers, and the time limit for interim stay orders in revenue-related cases.

He informed the House that the committees held two full-day sittings in which members from all political parties and special invitees participated.

The deliberations are aimed to enhancing institutional balance, judicial accountability, and federal harmony in line with the principles of the Charter of Democracy (CoD) signed by Shaheed Mohtarma Benazir Bhutto and Mian Muhammad Nawaz Sharif.

He went on to say that the Federal Constitutional Court proposed in the bill would have equal representation from all provinces as well as the Islamabad High Court, ensuring inclusive participation of federating units in constitutional interpretation.

The eligibility criteria for appointment of judges were modified — the required experience of a High Court judge was reduced from seven to five years to broaden merit and inclusion, he said.

He said that the Judicial Commission of Pakistan, previously constituted under the 26th Amendment, would now include, in addition to a woman or non-Muslim member, a technocrat nominated by the Speaker of the National Assembly possessing qualifications equivalent to a member of Parliament.

Regarding the suo motu powers, Senator Naek said the committee retained the authority but added a judicial restraint mechanism — the Federal Constitutional Court could exercise Article 184(3) jurisdiction only upon a formal application and after satisfying itself that constitutional intervention was necessary in the public interest.

Awami National Party (ANP) Senator Aimal Wali Khan has cautioned that holding a parliamentary majority comes with immense responsibility. Speaking during the debate on the 27th Constitutional Amendment Bill, he questioned whether the essence of the Constitution was being compromised. He warned that if the majority begins to erode the spirit of the Constitution, it could ultimately threaten the survival of democracy itself.

Meanwhile, Defence Minister Khawaja Muhammad Asif expressed confidence that the government had sufficient strength in the Senate to ensure the passage of the amendment. Speaking to the media outside Parliament, Asif said the vote required the presence of members in the House. “God willing, the 27th Amendment will be passed by the Senate today,” he stated confidently.

MQM-P demands meaningful outcomes

Muttahida Qaumi Movement-Pakistan (MQM-P) Senator Faisal Subzwari stressed that the proposed constitutional reforms must deliver tangible results for the people. He said that if the name of the Supreme Court was being altered, the change should also lead to visible, positive outcomes.

Subzwari recalled that the MQM-P had already tabled a constitutional amendment in the National Assembly last year, underscoring the need for a system that ensures equal opportunities for all citizens. He explained that the 27th Amendment was introduced to address ambiguities in the 26th Amendment and provide much-needed clarity.

Clarifying misconceptions, Subzwari said the amendment does not strip any powers from the chief minister. He also highlighted that no Provincial Finance Commission has been constituted since 2007, calling it a major gap in fiscal governance.

Reflecting on the country’s civil-military relations, Subzwari noted that the amendment assigns specific posts to members of the armed forces to enhance their dignity and prestige. “There is tension on our western border,” he said, emphasizing that Pakistan’s armed forces must receive full support during such times.

Clause-by-clause approval

The Senate proceeded with a clause-by-clause approval of the amendment, beginning with Clause 2. Members supporting the clause were asked by the Chairman to stand in their seats, leading to its passage with a two-thirds majority.

However, the session turned tense as opposition members launched loud protests, disrupting the proceedings. They expressed strong reservations over several provisions of the bill, particularly those related to presidential immunity and judicial reforms.

Background

The federal government had introduced the 27th Constitutional Amendment Bill in the Senate last week, triggering strong protests from opposition parties. Despite the walkout, the government remains determined to push ahead with its agenda, which includes establishing a Federal Constitutional Court, granting lifetime immunity to the president, and creating the powerful post of Chief of Defence Forces.

According to the Senate Secretariat, the November 10 agenda features key legislative business, including the presentation of the parliamentary committee’s report. Senator Farooq H. Naek, Chairman of the Standing Committee on Law and Justice, is set to present the report on the bill, followed by Law Minister Azam Nazeer Tarar moving it for consideration and passage.

Senator Naek told reporters after the committee meeting that the draft had been approved, with “some adjustments” made after incorporating new suggestions. The meeting, co-chaired by Senator Naek and MNA Mehmood Bashir Virk, included lawmakers from several parties such as PPP’s Syed Naveed Qamar, PML-N’s Saira Afzal Tarar, and Bilal Azhar Kayani, along with officials from the Law Ministry.

However, opposition parties including PTI, JUI-F, PkMAP, and MWM boycotted the proceedings — a move the committee members described as regrettable, stressing that participation was vital for a constitutional debate of such significance.

Sources revealed that the Awami National Party (ANP) expressed reservations about the draft, particularly over its proposal to rename Khyber Pakhtunkhwa, which has been deferred for further consultation. Similarly, a proposal from the Balochistan Awami Party (BAP) to increase provincial assembly seats was postponed for later review.

Also Read: All you need to know about 27th Constitutional Amendment Bill

Key features of the proposed amendment include the creation of a Chief of Defence Forces, who will serve as head of the armed forces starting November 27, 2025. The Chief of Army Staff will assume this role, while ranks like Field Marshal and Admiral of the Fleet will retain lifetime status.

The amendment also seeks to establish a Federal Constitutional Court with equal provincial representation. Parliament will decide the number of judges, while the president and prime minister will play key roles in judicial appointments. Additionally, the court’s chief justice will have a fixed three-year term.

Another major change is the extension of case adjudication timelines — cases pending for more than a year without progress will now be considered disposed of. The amendment also revises Article 243, redefining command structures within the armed forces while maintaining the president’s ceremonial authority as supreme commander.

Despite opposition boycotts and political controversy, the government maintains that the 27th Amendment is aimed at strengthening state institutions, ensuring judicial efficiency, and redefining the balance between the judiciary, executive, and military.