President Asif Ali Zardari signed the 27th Constitutional Amendment Bill today, after the amendment became part of the Constitution, the Army Act, Air Force Act and Pakistan Navy Amendment Bill were also approved in the National Assembly today.
The Pakistan Air Force Act 1953, the Pakistan Navy Ordinance 1961, and the Supreme Court Practice and Procedure Amendment Bill were passed by majority vote.
Federal Minister for Law and Justice Azam Nazir Tarar said that the Army Chief will now also be the Chief of Defense Forces and his term of office will be five years.
The Prime Minister shall appoint the Chief of Defense Forces, whose term of appointment shall commence from the date on which the determination is made.
The Law Minister said, ‘The law has clarified that the post of Chief of Defense will be for five years from the appointment. Some changes have been made in Air Force and Navy. According to the constitution, the amendments for appointments in the new court have been approved, the first appointment will be the Chief Justice.
Regarding the sub-clauses, a cabinet member has told Independent Urdu on the condition of anonymity that ‘subsequent legislation is required in the Army Act after the 27th constitutional amendment.’
According to him, in this regard, seven, eight amendments to the Army Act will be submitted for approval by the Parliament, which will be approved by the Cabinet first. These amendments are related to tenure and practice and procedure of Army, Air Force and Navy forces, Chief of Defense Forces.
According to the government minister, once these amendments become law after the President’s signature, all the proposed amendments will be presented to the Cabinet for approval. After that, these amendments will be presented in the National Assembly and the Senate.
These amendments will require a simple majority, not a two-thirds majority, to pass.
Earlier, the Upper House (Senate) of the Parliament of Pakistan on Wednesday approved the bill for further amendments in the 27th constitutional amendment by a majority.
In the Senate meeting chaired by Chairman Senate Yousaf Raza Gilani, 64 members voted in favor of the constitutional amendment while four voted against it.
PTI Senator Saifullah Abro and JUI Senator Ahmed Khan voted in favor of the amendment, while four JUI members opposed the constitutional amendment.
On the other hand, the PTI members of the Senate staged a sit-in in protest in the House and slogans of ‘no approval’ and ‘horse trading’ were raised. They tore up the copies of the bill.
Later, all PTI members except Senator Saifullah Abru walked out of the House.
Earlier, Federal Law Minister Prime Minister Nazir Tarar has presented the new (amended) bill of the 27th Amendment in the Senate on Wednesday afternoon.
The meeting of Senate is going on under the chairmanship of Chairman Yusuf Raza Gilani.
The bill was initially put up for a vote in the Senate on Monday and passed the same day. It was then sent to the National Assembly which approved it with some amendments yesterday. The proposed legislation is therefore now back in the Senate for consideration of the latest changes.
When the 27th constitutional amendment was presented in the National Assembly yesterday, it included a new amendment related to Article Six. Now in the constitutional amendment, the word ‘Federal Constitutional Court’ has been added in Clause 2 of Article VI.
Why is the new constitutional amendment bill being presented?
In Article 6 of the Constitution, suspending the Constitution and violating the Constitution has been declared as high treason which cannot be justified by any court. The amendment passed by a two-thirds majority in the Senate did not include or add the name ‘Constitutional Court’ along with ‘High Court’ and ‘Supreme Court’, so the amendment will be tabled again in the Senate today.
Any change in the constitution, even a ‘point’, must be approved by both houses of parliament, the Senate and the National Assembly, by way of an amendment, requiring a two-thirds majority from both.
Yesterday, where 234 members voted in favor of the 27th constitutional amendment in the National Assembly, today we have to see how this number will be fulfilled in the Senate.
According to the Constitution of Pakistan, the votes of 64 members are required for the approval of the constitutional amendment in the Senate and this number was fulfilled by two members of the opposition parties voting in the previous session of the Senate.
Pakistan Tehreek-e-Insaf (PTI) senator Saifullah Abro and Jamiat Ulema-e-Islam’s Ahmed Khan voted in favor of the 27th constitutional amendment. After the vote, Senator Saifullah Abaro resigned during a speech in the House while Senator Ahmed Khan was expelled from the party by his party.
According to the parliamentary rules and regulations, if a member resigns publicly in the House, the Senate or the National Assembly Secretariat issues a formal notification.
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In this situation, the member does not have to go through the step of verification of resignation. If someone resigns in writing, then according to the rules, the Chairman Senate or the Speaker of the National Assembly, the Senator or the Member of the National Assembly must confirm the resignation by calling them, after which the notification of acceptance of resignation or de-seating of the member should be issued.
Senator Saifullah Abaro said in a statement that after his resignation, the Senate Secretariat has not yet issued a notification to de-seat him.
It should be remembered that earlier Baloch National Party Senator Naseema Ehsan had voted in favor of the 26th constitutional amendment, after which she was expelled from the party. However, Naseema Ehsan has voted in favor of the 27th constitutional amendment two days ago.
Thus, it is possible that the same members who supported it in the House two days ago will again vote in favor of the 27th Constitutional Amendment.
After the signature of the President, the 27th Constitutional Amendment will become a formal law.
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