In a historic session marked by intense debate and loud protests, Pakistan’s Senate on Monday passed the 27th Constitutional Amendment Bill, reshaping the country’s judicial and defense framework. The amendment, which includes nearly 59 clauses, was approved with 64 votes in favor and none against, giving the government the two-thirds majority required for constitutional changes.
Debate and Division in the Senate
The proceedings, chaired by Senate Chairman Yusuf Raza Gilani, began with Law Minister Azam Nazeer Tarar presenting the amendment clause by clause. While government benches celebrated the smooth passage of the bill, opposition members primarily from Pakistan Tehreek-e-Insaf (PTI) staged noisy protests, tore copies of the bill, and gathered in front of the chairman’s dais. Despite the uproar, the voting process continued, and the amendment was carried with overwhelming support.
Interestingly, not all opposition members followed the party line. PTI Senator Saifullah Abro broke ranks and voted in favor of the amendment, while lawmakers from JUI-F, including Senator Ahmed Khan and Senator Naseema Ehsan, also supported the government’s move.
Key Judicial Reforms
At the heart of the amendment is the establishment of a Federal Constitutional Court, a new body designed to handle constitutional matters and public interest litigation. The court will have authority over all constitutional cases, with its decisions binding on all courts, including the Supreme Court. However, Supreme Court rulings will not apply to the Constitutional Court itself, creating a distinct judicial hierarchy.
The amendment also strips the Supreme Court of its suo motu powers, transferring them to the Constitutional Court. Articles 184, 186, and 191A of the Constitution were either amended or deleted to reflect this change. Judges of the new court will be required to take fresh oaths under the Third Schedule, and eligibility criteria for High Court judges joining the Constitutional Court were revised to five years of service instead of seven.
Furthermore, the Judicial Commission of Pakistan will be restructured to include senior judges from both the Supreme Court and the Constitutional Court. The Chief Justice of the Constitutional Court will also become a member of the commission, ensuring representation in judicial appointments.
Defense and Military Changes
Beyond judicial reforms, the amendment also introduced significant changes to Pakistan’s defense structure. The office of the Chief of Army Staff will be renamed Commander of Defense Forces, aligning it with the titles of Air Chief and Naval Chief. The Joint Chiefs of Staff Committee will be abolished in November 2025, while a new position of Commander of National Strategic Command will be created, appointed by the Prime Minister on the recommendation of the Army Chief.
The amendment also grants lifetime recognition and privileges to officers elevated to the ranks of Field Marshal, Air Marshal, or Admiral Chief, declaring them “national heroes” who cannot be removed without constitutional process under Article 47.
Presidential Immunity and Governance
Another controversial aspect of the amendment is the expansion of presidential immunity. Under the revised Article 248, the President of Pakistan will enjoy lifetime legal protection from criminal proceedings after leaving office. However, this immunity will not apply if the former president assumes another public office. Governors, meanwhile, will retain immunity only during their tenure.
The amendment also limits the President’s powers to transfer judges, placing such decisions under the jurisdiction of the Judicial Commission. Any judge refusing transfer may face a reference before the Supreme Judicial Council.
Political Reactions
The passage of the amendment sparked sharp reactions across the political spectrum. PTI senators accused the government of undermining institutions and bypassing debate, while JUI-F leaders expressed frustration over not being allowed to present their proposals. Senator Ali Zafar warned that the amendment could weaken parliamentary credibility, calling it a move “forced through numbers rather than consensus.”
On the government side, leaders hailed the development as a step toward strengthening democracy and the judiciary. Deputy Prime Minister Ishaq Dar expressed confidence in the numbers, while PPP Senator Shahadat Awan described the Constitutional Court as “a necessity of the times.” Defense-related provisions were praised by PML-N’s Khawaja Asif, who argued that the reforms would bolster national security.
Future of Governance After the Amendment
With the Senate’s approval, the amendment now moves to the National Assembly, where the government is expected to face less resistance given its stronger numbers. Supporters argue that the reforms will modernize Pakistan’s judicial system and streamline defense leadership, while critics warn of potential conflicts between the Supreme Court and the newly created Constitutional Court.
Regardless of the controversy, the 27th Constitutional Amendment marks one of the most sweeping changes to Pakistan’s governance structure in recent years, setting the stage for a new chapter in the country’s constitutional history.