Pakistan’s 27th Amendment: What forced Munir to seek legal immunity? Battering in Op Sindoor?

With the 27th Amendment, Pakistan Army chief Asim Munir has insulated himself from the war, pushback within the military, and the battering of Operation Sindoor.

Once the 27th Amendment comes into effect, Munir will become Pakistan’s supreme commander with authority over the air force and navy as well. He will also have a say in the appointment of air force and navy chiefs and will effectively control the nuclear arsenal through a proxy.

But what has intrigued many Pakistan observers most is the extent to which the 27th Amendment shields Munir legally.

ALSO READ: Pakistan’s 27th Amendment puts Munir at top, reshapes military command structure — full changes

Under the amendment, Munir and five-star generals of the air force and navy will “retain rank, privileges and remain in uniform for life” and can only be removed by impeachment. They will enjoy immunities “similar to those enjoyed by the president”. Essentially, Munir will have lifelong legal immunity.

The need for such sweeping measures lies in the brutal realities of Pakistan — of its military regime’s own making — that even May may be concerned about.

Three reasons why Munir was rattled — and resorted to the 27th Amendment

Even as Munir stands as the most powerful man in Pakistan, there have been cracks he has scrambled to fill. The 27th Amendment is the latest step in those efforts.

Firstly, the position of the Pakistani military has weakened in recent years as former premier Imran Khan waged a fierce campaign against the army. His supporters stormed army headquarters and attacked the homes of powerful corps commanders.

The popular perception that the army was behind Imran’s ouster and imprisonment made the military deeply unpopular.

Secondly, even while being the most powerful man, Munir’s hold on power was not without cracks. For decades, factions within the military —particularly in the Pakistan Army— have jostled for influence. Such infighting can get ugly.

At a time of unprecedented unpopularity, such internal strife could have been fatal for Munir — or any other army chief.

ALSO READ: Six months after Op Sindoor’s hammering, Munir eyes to be Pakistan’s czar

Thirdly, Munir was powerful but his command over the military was not institutional. Now, he has institutionalised these powers with the 27th Amendment. He is not just the army chief but the head of the entire military now — with direct command over the air force and navy.

Now that Munir outranks the air force and navy chiefs, he has no fear of being overruled.

Previously, in 2019, then-Pakistan Air Force head Air Chief Marshal Mujahid Anwar Khan and then-Chairman of the Joint Chiefs of Staff Committee (CJCSC), General Zubair Mahmood Hayat, were said to have overruled then-army chief General Qamar Javed Bajwa on how to respond to India after the Balakot airstrike — a response to the Pulwama attack by Pakistan-backed terrorist groups.

In this version of events, as reported by Pakistani officials and media, then-Prime Minister Imran Khan intervened as head of the National Security Council (NSC) in favour of Bajwa and sided with him to go ahead with the plan of action Bajwa had proposed.

To avoid a situation where either a rival faction within the army or chiefs of the air force and navy —or the CJCSC— could overrule him, Munir sought to abolish the CJCSC post altogether and anoint himself as supreme commander with authority over the air force and navy with the 27th Amendment.

Munir and fellow commanders also knew that Operation Sindoor had battered Pakistan. Even as they sold their nation the false notion of victory, the military brass knew the truth. And Munir’s weakness —after India’s beating— could have made him vulnerable. So he moved fast and elevated himself to a level where any conspiracy against him or attempt to clip his wings would backfire or simply not work because of institutional safeguards.