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ISLAMABAD, Nov 10 (APP):The report of Standing Committee on Law and Justice on a Bill further to amend the Constitution of the Islamic Republic of Pakistan [The Constitution (Twenty-seventh Amendment) Bill, 2025] was present in the Senate on Monday.
Chairman, Standing Committee on Law and Justice Farooq H Naek presented the report of the committee in House.
Presenting the report in House, Farooq H Naek said that the report has been finalized after extensive deliberations by the committee members.
He said key recommendations were also incorporated to ensure judicial accountability, institutional balance, and equal representation of all provinces in the proposed Federal Constitutional Court.
He said that the committee thoroughly reviewed the draft bill clause-by-clause and suggested amendments regarding judicial appointments, the process of judges’ transfer through the Judicial Commission of Pakistan, the scope of suo motu powers, and the time limit for interim stay orders in revenue-related cases.
He informed the House that the committees held two full-day sittings in which members from all political parties and special invitees participated.
The deliberations are aimed to enhancing institutional balance, judicial accountability, and federal harmony in line with the principles of the Charter of Democracy (CoD) signed by Shaheed Mohtarma Benazir Bhutto and Mian Muhammad Nawaz Sharif.
He went on to say that the Federal Constitutional Court proposed in the bill would have equal representation from all provinces as well as the Islamabad High Court, ensuring inclusive participation of federating units in constitutional interpretation.
The eligibility criteria for appointment of judges were modified — the required experience of a High Court judge was reduced from seven to five years to broaden merit and inclusion, he said.
He said that the Judicial Commission of Pakistan, previously constituted under the 26th Amendment, would now include, in addition to a woman or non-Muslim member, a technocrat nominated by the Speaker of the National Assembly possessing qualifications equivalent to a member of Parliament.
Regarding the suo motu powers, Senator Naek said the committee retained the authority but added a judicial restraint mechanism — the Federal Constitutional Court could exercise Article 184(3) jurisdiction only upon a formal application and after satisfying itself that constitutional intervention was necessary in the public interest.
Explaining the transfer of judges, Farooq Naek said the earlier proposal that allowed the President to transfer judges between High Courts had been revised. Now, the Judicial Commission of Pakistan would recommend such transfers after consulting concerned Chief Justices and the judge involved. If a judge declined transfer, a reference would be filed before the Supreme Judicial Council to determine valid grounds instead of automatic retirement, thus preserving judicial dignity and due process, he said.
Regarding interim stay orders under Article 199, he said the committee amended the clause to address prolonged revenue cases. Now, if a stay order remained pending beyond one year without final adjudication, it would automatically stand vacated, enabling recovery of stuck revenue and expediting judicial efficiency.
Regarding presidential immunity, Naek said the original clause granting lifelong immunity to the President was revised. The committee decided that immunity would not apply if the former President holds any public office after leaving the presidency, though it would remain valid during the presidential term.
“These reforms,” he said, “are designed to maintain judicial independence with accountability, institutional balance, and the supremacy of Parliament while preserving constitutional harmony,” he said
Later, Naek thanked the members of both committees for their participation, particularly Chairman of the National Assembly Standing Committee on Law and Justice, Chaudhry Muhammad Bashir Virk, and appreciated the assistance of Minister for Law and Justice Azam Nazeer Tarar and his team for their support.