Pakistan’s parliament has passed a controversial amendment to its constitution that will expand the powers of the army chief and grant him lifelong legal immunity while limiting the independence of the supreme court, in a move critics described as a “funeral for democracy”.
The plain marim Munir, Pakistan’s strongman who is widely seen as a leader of the country, passed the 27th Constitutional Amendment, which was passed by the Lower House of Parlyutional on Wednesday.
The bill will be sent to the Senate, which passed it on Monday, for minor tweaks before it is signed by the President, Asif Ali Zardari, formally enshrining it in the Constitution.
Under the makeover, Munir — who was selected to be a five-star overall earlier this year — stands out with unprecedented powers. He will be elevated to the newly created post of chief of the defense forces, without the army but also given lifelong criminal immunity.
Aqil Shah, an adjunct professor at georgetowed in the US and author of Pakistan’s army and democracy in Pakistan in the power protected by the majority of the most protected constitutional principals”.
The immunity provided by the amendment, Sah added, “makes a mockery of the principle of civilian supremacy by placing him above all ridicule”.
It also neglects the powers and remits of the Supreme Court, which is the only remaining check on executive power. Under the amendment, a new federal constitutional court will be established above the Supreme Court, where judges will be elected by the executive, in a move that critics say undermines an independent judiciary. The decision on how and where to transfer judges also rests with the President, removing accountability processes.
Salaahuddin Ahmed, a constitutional lawyer, said the amendment “completely undermines any notion of independence in Pakistan.
Opponents say the legislation serves only to subject military rule and force Pakistan to all authority to consent.
Since it was founded in 1947, Pakistan has spent decades under total military dictatorships when military generals suspended the constitution. But since 2008, after the fall of Gen Pervez Musharraf, Pakistan has emerged as a fragile democracy led by elected civilian governments – albeit largely manipulated by the military behind the scenes.
In recent years, the military has been accused of taking more control over the running of the country while consolidating power among its most senior generals. As the army chief since 2022, Munir has traveled internationally in a role akin to head of state, including two unprecedented White House meetings with Donald Trump, which led to the US president referring to him as “my favorite field marshal”.
Figures from the ruling coalition government, led by the Prime Minister, Shehbaz Sharif, justified the maintenance of the Constitution as a way to ensure the modernization and efficiency of the military and the judiciary.
In the past, changes to the Constitution have led to weeks of debate and disruption in the Senate and the lower house. But what analysts say is a sign of the weakness of the ruling government – an unhappy alliance with Mundir
Pakistan’s largest opposition party, Pakistan Tehreek-e-Infaf (PTI), was among the vote stealers. But despite massive public support, the Party’s power and influence have been systematically eroded since Munir became army chief, and most of its leadership is behind bars. The party’s leader, former prime minister Imran Khan, has been in prison for more than two years with little hope for his release.
Threek-e-Taafuz-e-Ayoen-e-Pakistan (TTAP), a multiparty opposition alliance including PTI, accused the government of the Constitution”.
In a joint letter, more than 100 lawyers and social and civil activists called it a “constitutional claim” and said that there are members of the legal community, judges and civil society “.