 "Pakistan’s most powerful man, Field Marshal Asim Munir, could soon see his authority formally written into the constitution. File image/AFP")
Pakistan’s parliament has approved a contentious constitutional amendment expanding the powers of the army chief and granting him lifelong legal immunity, a move opponents have condemned as the “funeral of democracy.”
The 27th constitutional amendment, passed by the lower house on Wednesday with an overwhelming two-thirds majority and only four dissenting votes, significantly strengthens the position of Field Marshal Asim Munir, the country’s army chief who is widely regarded as Pakistan’s de facto ruler.
The bill, already cleared by the senate on Monday after the opposition boycotted the debate, will return to the upper house for minor revisions before being sent to President Asif Ali Zardari for formal assent, a largely procedural step. The unusually swift approval process contrasts with the typically lengthy deliberations constitutional amendments undergo.
Under the new law, Munir will assume the newly created position of Chief of Defence Forces, bringing the navy and air force under his command alongside the army. Once his term ends, he will retain his rank and enjoy lifelong legal immunity.
Military might, Judicial Bite
Prime Minister Shehbaz Sharif hailed the amendment as a step toward institutional harmony and national unity.
“If we’ve made this part of the Constitution today, it’s not just about the field marshal,” Sharif said, adding that it also recognised the air force and navy. “What’s wrong with that?” he asked the speaker. “Nations honour their heroes … We know how to show and earn respect to our heroes."
Critics say the changes concentrate power in the hands of the military and the ruling coalition.
Under the amendment, constitutional cases will move from the Supreme Court to a new Federal Constitutional Court, whose judges will be appointed by the government. In recent years, the Supreme Court has blocked government policies and ousted prime ministers.
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View AllOpposition lawmakers from the Pakistan Tehreek-e-Insaf (PTI), founded by jailed former premier Imran Khan, walked out before the vote and tore up copies of the bill in protest, saying they had not been consulted.
“None of the parliamentarians cared about democracy and the judiciary being eliminated. They have voted for being a silent observer whilst the country becomes a banana republic,” PTI spokesman Zulfikar Bukhari said. “Rest in peace constitution of Pakistan."
’Dealth knell’ for judiciary
Legal experts warned the reform could erode judicial independence. “We are facing completely uncharted territory: a breach in our judicial system the likes of which we haven’t seen in almost a century,” said constitutional lawyer Asad Rahim Khan.
“The members slapping each other on the back should prepare themselves for when they’ll be seeking relief from the same courts they have destroyed and subordinated to the state."
Constitutional lawyer Mirza Moiz Baig said the amendment spelled “the death knell of an independent judiciary,” giving the prime minister and president power to hand-pick the chief justice and other judges of the new Federal Constitutional Court, weakening its ability to check government overreach.
The military has long wielded extensive influence in Pakistan’s politics, but the reforms give it greater constitutional backing that would be difficult to reverse.
“With the amendment’s passage, parliament has done what previous dictators could only dream of,” Baig said.
With inputs from agencies