Addressing the Senate session which was reviewing the draft of the proposed 27th amendments bill, PTI Senator Ali Zafar has criticized the government’s proposed amendments. He said five points that formed the basic spirit of the 1973 Constitution were now being punctured in 27th Amendment.
Senator Ali Zafar said Pakistan was a federation with autonomous provinces. The elected parliament had authority but was bound to the Constitution. Ali Zafar said the third point was the fundamental rights provided therein, with courts formed to protect and implement them.
PTI leader said fourth pillar of the Constitution was an independent judiciary to protect people’s rights and guarantee democracy, while the fifth one was civilian supremacy.
He said the government has changed the this balance of five pillars, adding that the entire Constitution will be shaken and can result in major chaos.
Ali Zafar stressed that the Constitution was a contract between the state and the public, with a spirit of its own. He added that the document was a pledge that everyone, regardless of the region they hailed from, would live according to the laws.
“When you make any change in the Constitution, it is equal to tampering with the foundation of a building, and if you make any mistake, the entire building can collapse,” PTI Senator contended.
Recalling that two dictators made amendments to the 1973 Constitution that broke it, Ali Zafar highlighted that even they took a lot of time to be passed. He added that the real spirit of the 1973 Constitution was restored through the 18th Amendment in 2010.
PTI Senator then went on to recall how the parliament has systematically reached the 27th Amendment today, highlighting the slow, gradual but effective erosion of democracy and the Supreme Court.
Senator Ali Zafar went as far back as March 2023, when the SC had ordered that elections be held for the Khyber Pakhtunkhwa and Punjab assemblies within 90 days.
PTI Senator pointed out that the ruling was violated, alleging that the Pakistan Democratic Movement (PDM) coalition and the Election Commission of Pakistan (ECP) colluded to make those 90 days’ government into a year and a half.
PTI senator then mentioned the Jan 13, 2024 verdict by a bench led by then-chief justice of Pakistan Qazi Faez Isa, which revoked the PTI’s electoral symbol a month before the general elections.
He also recalled the SC’s ruling in the Article 63A case that struck down an earlier order and allowed the ballots of lawmakers who voted against party policy to be counted.
It was as if the judiciary opened the gates for the 26th Amendment through this decision, Senator Zafar claimed, further alleging that the ruling coalition coerced some lawmakers to vote in 26th Amendment’s favour.
Senator Ali Zafar clarified that the PTI had never agreed to even the formation of constitutional benches, and had instead termed them lesser of the two evils compared to a constitutional court.