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Senate Reconsiders 27th Amendment Bill After National Assembly Passage

NATIONAL NEWS

ISLAMABAD: The Senate has resumed its session to once again take up the 27th Constitutional Amendment Bill, following fresh changes made by the National Assembly to the version earlier approved by the upper house. The sitting is being chaired by Deputy Chairman Syedaal Khan.

The National Assembly gave its approval to the revised amendment bill with 234 votes in favour and four against, despite a walkout by the opposition. The updated draft introduces several clarifications—particularly concerning the office of the Chief Justice—and incorporates eight new provisions not included in the Senate’s previous version.

The legislation primarily focuses on reorganising the country’s judicial framework and restructuring aspects of the military command system. It also refines the formation of the newly created Federal Constitutional Court (FCC), defines the titles and order of precedence among senior judges, and drops a number of controversial oath-related clauses that were part of the earlier Senate draft.

Among the key updates, Clause 2 amends Article 6(2A) of the Constitution, which deals with high treason, by explicitly adding the Federal Constitutional Court within its scope. Similarly, a new Clause 2A alters Article 10(4) to insert the words “Supreme Court” into the section addressing preventive detention.

However, several proposals linked to the wording of oaths for constitutional officeholders—contained in Clauses 4, 19, 51, and 55—were deleted altogether. These provisions would have changed who administers oaths for key posts such as the president, auditor general, and chief election commissioner, transferring that responsibility from the Chief Justice of Pakistan to the Chief Justice of the Federal Constitutional Court.

Another important addition is in Clause 23, which introduces a proviso to Article 176, stating that the **incumbent Chief Justice will continue to be known as the Chief Justice of Pakistan for the remainder of his tenure.

Clause 56 further defines the position by stipulating that the Chief Justice of Pakistan will be the senior of the two top judges—those heading the Supreme Court and the Federal Constitutional Court—thus establishing a clear judicial hierarchy.

Key Features of the Amended Bill
Establishment of the Federal Constitutional Court (FCC) with equal provincial representation.
Chief of Army Staff to serve as Chief of Defence Forces; honorary military titles such as Field Marshal and Admiral of Fleet to remain lifelong.
The current Chief Justice retains the title of Chief Justice of Pakistan until the end of his term.
The senior-most among the FCC and Supreme Court chiefs to be designated as Chief Justice of Pakistan in the future.
The FCC empowered to initiate suo motu proceedings upon petitions.
Greater role for the president and prime minister in judicial appointments.
Limited immunity for the president if they accept a public office after their tenure.
The Judicial Commission to manage the transfer of high court judges, with appeals handled by the Supreme Judicial Council.

The wide-ranging bill required a two-thirds majority in the 336-member lower house, which the ruling coalition comfortably secured. The PML-N, PPP, MQM-P, PML-Q, IPP, and several smaller parties collectively ensured its passage.

Only four members—all from the Jamiat Ulema-e-Islam-Fazl (JUI-F)—voted against the measure. Interestingly, in the Senate’s earlier vote, the government had received unexpected support from two opposition senators: PTI’s Saifullah Abro and JUI-F’s Ahmed Khan. Abro later resigned, while Khan was directed by his party to step down for violating party policy.

With those resignations now in play, the upcoming Senate vote will test whether the government can once again muster the numbers needed to pass the amended constitutional package.

Read more: https://nayakashmir.com/27th-amendment-aims-to-serve-the-nation-not-individuals-rana-sanaullah/

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