Pakistan’s 27th Amendment: Immunity & Military Power Shift

Passage of the Amendment

The amendment was passed by a two-thirds majority and establishes a Federal Constitutional Court while consolidating military power under a new Chief of Defence Forces role.

• Army Chief Asim Munir, who was promoted to field marshal after Pakistan's clash with India in May, will now command the Army, Air Force and Navy with lifelong protections.

• The Senate initially passed the Bill on Monday, which was then tweaked and passed by the National Assembly (lower house) two days later before returning to the upper house for final approval.

• Senate Chairman Yusuf Raza Gilani announced on Thursday that 64 members were in favour and 4 members were against the passage of the Bill, confirming the motion was carried.

• The Bill also cleared the 336-member lower house with the required two-thirds majority.

Lifetime Immunity Provisions

Under the amendment, any officer promoted to field marshal, marshal of the Air Force, or admiral of the fleet will retain rank and privileges for life, remain in uniform, and enjoy immunity from criminal proceedings protections previously reserved only for the head of state.

• The amendment shields President Asif Ali Zardari from any criminal prosecution, though this immunity will not apply if he or any other former president later holds another public office.

• President Zardari, who has faced multiple graft cases with proceedings previously stayed, signed the Bill into law following the parliamentary vote.

Judicial Restructuring

• The amendment bars courts from questioning any constitutional change 'on any ground whatsoever', limiting judicial review powers.

• The Bill creates a Federal Constitutional Court with exclusive jurisdiction over constitutional cases, stripping the Supreme Court of its original powers in constitutional matters.

• Another clause empowers the President to transfer High Court judges on the recommendation of the Judicial Commission, which critics say could be used to sideline dissenting judges.

Political Reactions

• Opposition parties led by the Pakistan Tehreek-e-Insaf (PTI) tore up copies of the Bill in both chambers over the past few days in protest.

  
  

• PTI spokesman Sayed Zulfiqar Bukhari called this 'the final nail in the coffin of an independent judiciary and a functioning democracy'.

Expert Criticisms

• Osama Malik, an Islamabad-based lawyer, stated that this constitutional amendment will increase authoritarianism and fade away whatever little semblance of democracy existed in the country.

• Malik added that the amendment will not only remove civilian oversight from military activities but also completely destroy the military hierarchy where all service chiefs were considered equal under the joint chief system.

Broader Context

• Pakistan, a nuclear-armed nation of more than 250 million people, has long struggled to balance civilian authority with the military's role in politics.