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Top ex-judges warn Pakistan Supreme Court faces ‘greatest threat’ from 27th amendment

Arab News

Saudi Arabia

Monday, November 10


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ISLAMABAD: The Senate, the upper house of Pakistan parliament, on Monday held a vote on the 27th constitutional amendment, with opposition members staging a walkout from the House in protest.

Opposition members chanted slogans and tore apart copies of the bill that was presented in the House by Law Minister Azam Nazeer Tarar. Opposition lawmakers then walked out in protest.

Senate Chairman Yousuf Raza Gilani held voting on each clause of the bill, announcing the number of senators voting in favor and opposition in televised proceedings of the House.

“God willing, we have the complete votes [to have the amendment passed],” Information Minister Attaullah Tarar told reporters at the Parliament House ahead of the vote.

“There is no ambiguity in it. This is a positive constitutional amendment and has been made keeping in mind the best international practices in the world and our prevailing circumstances.”

The draft amendment tabled last week introduces several far-reaching changes. It rewrites Article 243 of the Constitution to create the new post of Chief of Defense Forces, abolishing the long-standing role of Chairman of the Joint Chiefs of

Staff Committee (CJCSC). The army chief would be elevated to the constitutionally recognized top command of Pakistan’s armed services, while the president would formally appoint the army, navy and air chiefs on the prime minister’s advice.

The amendment also proposes establishing a constitutional court, revising procedures on the transfer of judges and altering the framework that governs how federal revenue is shared with provinces. The proposed changes to the National

Finance Commission (NFC) award, which governs how federal tax revenues are divided among provinces, are particularly sensitive because they underpin Pakistan’s federal structure and provincial fiscal autonomy.

Constitutional amendments in Pakistan require a two-thirds majority in both houses of parliament. Since its adoption in 1973, the constitution has been amended more than two dozen times, often reflecting shifts in authority between civilian governments, the judiciary and the military.

The current proposal follows the 26th constitutional amendment passed in October 2024, which gave parliament a formal role in appointing the chief justice and established a senior judges’ panel to hear constitutional cases, measures critics said weakened judicial independence.

Opposition lawmakers have warned the 27th amendment would undermine civilian oversight and provincial rights. Ruling party members have rejected this, arguing the changes clarify institutional roles and strengthen the federation.

Both the Senate and the National Assembly are continuing debate this week as the government works to secure the required majority.

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