Pakistan's parliament has passed a highly contentious constitutional amendment that significantly expands the authority of the country's army chief while granting him lifelong protection from prosecution. Critics have swiftly condemned the move, labelling it a 'funeral for democracy' that pushes the nation further towards authoritarian rule.
Unprecedented Powers for Military Leader
The 27th constitutional amendment, passed by the parliamentary lower house on Wednesday, primarily benefits Field Marshal Asim Munir. Widely regarded as Pakistan's de facto ruler, Munir will be elevated to the newly created position of chief of defence forces. This role grants him oversight of the army, navy, and air force, consolidating military command under a single authority for the first time.
Furthermore, the amendment provides Munir with lifelong immunity from criminal prosecution, a provision experts say places him above the law. Aqil Shah, an adjunct associate professor at Georgetown University and author of 'The Army and Democracy: Military Politics in Pakistan', stated that Munir has 'entrenched himself and future chiefs in power through an unprecedented constitutionally protected role'.
Erosion of Judicial Independence
The constitutional changes also deliver a substantial blow to the judiciary's independence. The amendment establishes a new federal constitutional court above the supreme court, with judges selected directly by the executive branch.
This new court undermines the supreme court, which was previously the last remaining check on executive power. The amendment also grants the president sole authority to transfer judges without any accountability process.
Salahuddin Ahmed, a constitutional lawyer, warned that the amendment 'completely destroys any notion of independence in the judiciary in Pakistan. This effectively has set us on the way to a lifelong dictatorship.'
Swift Passage and Silenced Opposition
The bill's rapid progression through parliament highlights the current political climate. After the senate passed it on Monday, the lower house approved it on Wednesday with only minor tweaks required. Analysts note that the bill sailed through both houses in just a few hours, with a mere four lawmakers voting against it.
This swift passage is seen as a sign of the ruling coalition government's weakness and the untouchable power of Munir. Pakistan's largest opposition party, Pakistan Tehreek-e-Insaf (PTI), boycotted the vote. The party's influence has been systematically dismantled since Munir became army chief, and its popular leader, former Prime Minister Imran Khan, remains imprisoned.
A multiparty opposition alliance, including PTI, accused the government of 'shaking the foundations of the constitution'. Over 100 lawyers and civil society activists signed a joint letter condemning the 'tampering of the constitution' and the lack of meaningful debate.
The bill is now expected to be sent back to the senate for final approval before likely being signed into law by President Asif Ali Zardari, formally enshrining these sweeping changes into Pakistan's constitution.
