Pakistan Senate passes controversial 27th Amendment, draws criticism

Islamabad: Pakistan’s Senate, the upper house of parliament, on Monday, November 10, gave its approval to the controversial 27th Constitutional Amendment, which seeks to create a new post of Chief of Defence Forces and establish a Federal Constitutional Court.

The bill, presented by Law Minister Azam Nazeer Tarar, was passed with a two-thirds majority of 64 votes under the chairmanship of Yusuf Raza Gilani. It also received support from two opposition members

Under the amendment bill, the President will appoint the Army Chief and the Chief of Defence Force on the advice of the Prime Minister. It also proposes that the post of Chairman of the Joint Chiefs of Staff Committee will expire on November 27, 2025.

The Chief of Defence Forces, who will also serve as the Army Chief, will appoint the head of the National Strategic Command in consultation with the Prime Minister. The amendment allows the promotion of senior officers to the ranks of Field Marshal, Marshal of the Air Force and Admiral of the Fleet — designations that carry lifetime privileges.

It also proposes setting up a Federal Constitutional Court to handle constitutional matters, while the Supreme Court will continue to deal with civil and criminal cases.

Earlier, the Senate conducted a clause-by-clause vote on the bill. Later, voting by division was conducted, with the entry and exit gates of the Senate closed as per the protocol.

As voting began, opposition members led by the Pakistan Tehreek-i-Insaf party of Imran Khan staged a protest, chanting slogans against the government and its coalition partners. The lawmakers tore up copies of the bill and hurled them toward the law minister when he began to present the bill for voting.

Earlier, the Senate conducted a clause-by-clause vote on the bill. Later, voting by division was conducted, with the entry and exit gates of the Senate closed as per the protocol.

As voting began, opposition members led by the Pakistan Tehreek-i-Insaf party of Imran Khan staged a protest, chanting slogans against the government and its coalition partners. The lawmakers tore up copies of the bill and hurled them toward the law minister when he began to present the bill for voting.

Most opposition members then staged a walkout, while a few stayed briefly to continue sloganeering before exiting the chamber. After they left the house, the bill was passed smoothly.

Earlier, a joint meeting of the standing committee of the Senate and the National Assembly was boycotted by the opposition. The meeting approved the 27th Constitutional Amendment bill with minor changes.

The committee chairman, Farooq Naek, presented a report on those before the Upper House. He told the house that the joint committee deliberated on the bill for two days and made “many changes”.

After the approval by the Senate, the bill should be passed by the National Assembly (NA), having 336 members, where the government already has 233 members, which is more than 226 needed for a two-thirds majority.

Why the amendment is controversial?

The 27th Constitutional Amendment has drawn criticism for expanding military authority and reducing judicial independence. It merges the roles of Army Chief and Chief of Defence Forces, which opponents say concentrates excessive power in one office and upsets Pakistan’s civil-military balance.

The proposal to establish a Federal Constitutional Court has also raised alarm among legal experts, who warn it could diminish the Supreme Court’s jurisdiction and weaken constitutional oversight. Opposition parties have described the amendment as a threat to democratic institutions and the separation of powers.

With inputs from PTI