Islamabad, November 13, 2025: The Senate on Thursday approved the 27th Constitutional Amendment Bill, a day after the National Assembly passed its revised version, amid loud protests from opposition benches.
Federal Law Minister Azam Nazeer Tarar reintroduced the bill in the upper house with the latest tweaks approved by the National Assembly. The amendment secured 64 votes in favour and four against, comfortably achieving the required two-thirds majority in the 96-member House.
Senate Chairman Yousuf Raza Gilani presided over the session, which began with objections raised by PTI Senator Ali Zafar, who argued that PTI’s Saifullah Abro and JUI-F’s Ahmad Khan stood disqualified under Article 63-A after declaring on the Senate floor last week that they had resigned.
Zafar maintained that the votes of the two lawmakers should not be counted, warning that his party would challenge the outcome if their votes were included. Both Abro and Khan had supported the bill during its initial passage in the Senate. Abro later announced his resignation, while Khan was asked by JUI-F leadership to step down for defying party policy.
JUI-F Senator Kamran Murtaza also stressed that any member voting against party lines should first follow the constitutional procedure under Article 63-A.
However, Law Minister Tarar rejected the interpretation, clarifying that a member is not automatically disqualified for defying party directions. He explained that under the Constitution, the party head must submit a written reference to the presiding officer or speaker within two days, followed by a hearing process and final adjudication by the Election Commission of Pakistan (ECP). The member can later appeal a disqualification decision in the Supreme Court.
“Until the process is completed in writing, the member continues to hold office,” Tarar said, adding that any resignation must be formally submitted and accepted by the Senate chairman. Chairman Gilani confirmed that no written resignation had been received.
National Assembly approves amended draft
On Wednesday, the National Assembly had passed the amendment bill with 234 votes in favour and four against, introducing eight key changes to the version previously cleared by the Senate. The lower house’s amendments primarily focused on refining the structure of the newly proposed Federal Constitutional Court (FCC), clarifying judicial titles, and deleting several contentious clauses related to constitutional oaths.
One of the major revisions affects Article 6(2A) on high treason, adding explicit reference to the Federal Constitutional Court, thereby placing it within the scope of the article. The Assembly also amended Article 10(4) concerning preventive detention, adding “Supreme Court” to its explanatory text.
Provisions in the Senate’s version seeking to alter oath-related language in Articles 42, 168, 214, and 255(2) were dropped entirely. These clauses had aimed to replace references to the “Chief Justice of Pakistan” with “Chief Justice of the Federal Constitutional Court” in various constitutional oaths — a move the government ultimately set aside.
Another key adjustment came through Clause 23, ensuring that the incumbent Chief Justice would continue to be known as the Chief Justice of Pakistan until the end of the current term. Under Clause 56, the bill also defines the Chief Justice of Pakistan as “the senior among the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court,” formally establishing a judicial hierarchy.
Key features of the 27th Amendment
- Federal Constitutional Court to be established with equal provincial representation
- Chief of Army Staff to assume the title Chief of Defence Forces
- Titles of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet to remain for life
- Incumbent Chief Justice to retain the title Chief Justice of Pakistan during current tenure
- Judicial Commission to handle transfer of high court judges; appeals to be reviewed by Supreme Judicial Council
- FCC empowered to take suo motu notice on petitions
- President and Prime Minister to play a greater role in judicial appointments
- Presidential immunity curtailed if the president assumes any public office after term completion
Political context
The multi-clause amendment required a two-thirds majority in the 336-member National Assembly, which the ruling coalition achieved with ease. The PML-N holds 125 seats, PPP 74, MQM-P 22, PML-Q and IPP four each, while PML-Z, BAP, and NPP have one seat apiece.
Four lawmakers from JUI-F, once a key ally of the government, were the only members to vote against the bill.
Despite opposition uproar, the government hailed the passage of the amendment as a step toward “judicial balance and institutional clarity,” while critics warned that it could deepen political divisions and alter the constitutional power structure.
