ISLAMABAD – Federal Law Minister Senator Azam Nazeer Tarar on Tuesday presented the 27th Constitutional Amendment Bill in the National Assembly amid strong protest and sloganeering by the opposition benches.
The session, chaired by Speaker Sardar Ayaz Sadiq, witnessed a noisy protest as Tarar moved the bill for approval. The law minister stated that the bill had already been passed by the Senate with a two-thirds majority and that the opposition should have participated in the joint parliamentary committee on law and justice.
Explaining the bill, Tarar said that in most countries, constitutional matters are handled by constitutional courts, and judicial appointments are made through judicial commissions. “The Charter of Democracy also included this as a fundamental point of the constitutional framework,” he added.
Highlighting the scope of the amendment, Tarar said that the bill abolishes the suo motu powers and lays down a defined procedure for such cases. “Through suo motu, the country’s economic system was disrupted — where should we start? Should we start from the removal of an elected prime minister? Even cases involving actors or customs goods were taken up through suo motu powers,” he remarked.
He explained that under the new provisions, the Judicial Commission will have the authority to transfer judges under Article 200. “If a judge refuses a transfer, he will be considered retired,” Tarar said. Previously, he noted, the President could propose transfers between high courts based on the Prime Minister’s advice after consultation with the Chief Justice.
“The Judicial Commission will now include five judges from the Supreme Court or the Constitutional Court, along with two members each from the government and the opposition,” he said, adding that the commission will decide on the judge’s transfer duration and terms.
Tarar elaborated that the proposed Constitutional Court will hear constitutional and provincial matters, while the Supreme Court will continue to hear civil cases, with a total backlog of over 62,000 cases. “If this amendment is passed, the current Chief Justice will head the Constitutional Commission and related institutions,” he added.
Addressing the House, the law minister said, “The Army has always played a crucial role in the country’s defense. When India attacked, this very Parliament stood united, and the world, including OIC and Arab nations, appreciated our victory.”
Referring to the creation of the rank of Field Marshal, Tarar explained that it exists in many countries and is a lifetime honorary title. “The Army Chief’s appointment is governed by the Army Act, but after the conferment of the Field Marshal rank, it was deemed necessary to bring it within constitutional limits,” he said.
He further stated that all appointments in the armed forces are made according to ranks and that parliamentary supremacy ensures balance among state institutions.
Regarding the President’s office, Tarar said the bill proposes immunity for the President; however, this immunity would end if he re-enters public office after completing his term. “We urge debate on this bill before voting. Out of 59 clauses, 47 amendments are necessitated due to the establishment of the Constitutional Court. I appeal to my friends in the opposition to listen to one another and work constructively,” he concluded.
It may be recalled that a day earlier, the government secured the Senate’s approval for the 27th Constitutional Amendment Bill with a two-thirds majority, receiving 64 votes in favour and none against.
