SC judge Minallah calls on CJ Afridi to convene a judicial conference to discuss amendment
The 27th Constitutional Amendment is expected to be approved today, with a vote in the National Assembly scheduled for 11am. Judicial and political circles have begun protesting against the move, with demonstrations spreading across the country.
The NA comprises of 336 members, but with 10 seats currently vacant, the total number of sitting members stands at 326. To pass a constitutional amendment, the ruling coalition requires the “golden figure” of 224 votes.
MQM leader Syed Mustafa Kamal said that his party’s suggestions regarding local governments were not included in the 27th Amendment but would be part of the upcoming 28th Amendment Bill.
Currently, the ruling alliance holds the support of 237 members in the NA. The PML-N is the largest party in the coalition with 125 members, followed by the Muttahida Qaumi Movement with 22, the Pakistan Muslim League-Quaid with 5, the Istehkam-e-Pakistan Party with 4, and one member each from the Pakistan Muslim League-Zia and the Balochistan Awami Party. The government also enjoys the backing of four independent members.
However, the National Party, part of the ruling coalition, has decided not to vote in favour of the constitutional amendment.
PPP, with 74 members, is the second-largest party within the coalition. Its support has been crucial in helping the federal government secure not only a simple majority but also a two-thirds majority when required.
On the other hand, the opposition benches comprise a total of 89 members. These include 75 independents, 10 members from the Jamiat Ulema-e-Islam (JUI-Pakistan), and one member each from the Sunni Ittehad Council (SIC), the Majlis Wahdat-e-Muslimeen (MWM), the Balochistan National Party-Mengal (BNP-M), and the Pashtunkhwa Milli Awami Party (PkMAP).
With the government coalition having enough numbers, the amendments’ passage is soon set to become a reality. The 27th Constitutional Amendment Bill comprises 59 clauses and around 47–48 consequential amendments, with a vote to follow after debate.
National Assembly Session
During yesterday’s National Assembly session, the Pakistan Muslim League-Nawaz tabled the 27th Constitutional Amendment, which was passed by the Senate on Monday.
The key takeaways from the session were that the amendment constitutionally protects Field Marshal Syed Asim Munir’s rank, granted in recognition of his professional excellence, and that any decision to withdraw the title could only be made by a joint session of parliament.
Read more: Government presents 27th Constitutional Amendment Bill amid protests, voting today
He added that the President of Pakistan would enjoy lifetime immunity under Article 248, though such immunity would not apply to holding public office after retirement.
PTI Chairman Gohar Ali Khan strongly opposed the amendment, saying “Constitutional changes should strengthen democracy, not bury it.” He said the amendment would weaken the judiciary rather than empowering it, adding, “Today is a day of mourning for democracy.”
Voices of Protest
Supreme Court judge Athar Minallah has called on Chief Justice Yahya Afridi to convene a judicial conference to have an open dialogue on threats to the independence of the judiciary. In the 7-page letter titled “Moment of Reckoning,” Judge Minallah presents an overview of the chequered history of the top court, which he said has too often bowed before might and power instead of standing on the side of the people.
As the voices of protest reached Sindh, the Sindh government imposed Section 144 in the province. The Sindh Action Committee took to the streets in all districts of Sindh, joined by the legal fraternity, and blasted the 27th Amendment.
The Sindh United Party’s Roshan Ali Burio addressed the demonstration at Hyderabad Press Club, stating that the legislation will clip the wings of the judiciary by not allowing the bench to function independently.
“The freedom of expression and independence of the judiciary were snatched through the 26th amendment, and now the rulers want to go a step further,” he alleged. The Hyderabad police tried to disperse the protesters and detained over a dozen of them as well, with charges of violating Section 144.
The protest reconvened, this time in the Sindh High Court Bar Association, where they threatened to block the Hyderabad bypass road if the apprehended protestors were not released.
Similar demonstrations took place in all the districts and towns in the province. The protesters converged outside the Larkana press club, chanting slogans against the incumbent government in Islamabad and the Pakistan Peoples Party (PPP) for spearheading the amendment.
Also read: Ex-CJP Jawwad S Khawaja challenges 27th Amendment in SC
Protests against the amendment are expected in Islamabad today, outside the courthouses in G11.
The Jamaat-e-Islami (JI) has launched a fierce attack on the government’s sweeping constitutional reforms, accusing ministers of “distorting” the nation’s founding document and concentrating power in the hands of the executive.
Hafiz Naeemur Rehman, the party’s ameer, pledged to continue fighting to restore what he described as the constitution’s original integrity after the 27th Constitutional Amendment passed through the Senate on Monday.
Speaking to members of the Lahore Bar Association at Aiwan-e-Adl, Rehman said his party had consistently defended the constitution throughout Pakistan’s history, but warned that these changes would give the executive branch decisive control over judicial appointments and the distribution of power.
The Amendment proposes four core changes in the Constitution.
Article 199 & 200
- The President has the power to transfer High Court judges between provinces on Judicial Commission’s recommendation
- A judge refusing transfer shall be deemed retired
Article 248
- A new clause grants the President lifetime legal immunity
Article 243
- Office of the Chairman Joint Chiefs of Staff Committee to be abolished from November 27, 2025.
- Strategic military authority to be concentrated under the Chief of the Defence Forces.
- Officers granted constitutional protection can only be removed through the Article 47 procedure.
- Presidential immunity under Article 248 extended to these officers.
Federal Constitutional Courts (New Chapter – Part VII)
- FCC to have original jurisdiction in Constitutional disputes between the government and fundamental rights enforcement cases
- Pending petitions or appeals in the Supreme Court or its constitutional benches under this jurisdiction are to be transferred to FCC.
- Abolishes suo motu powers of SC and deletes Articles 184, 186, and 191A.
