Pakistan Army has pulled off a bloodless coup yet again, this time through a controversial Constitutional Amendment.
With the passing of the 27th amendment by the Pakistan Senate in record short time, and subsequent signing by President Asif Ali Zardari into law, the Pakistan Army gets sweeping powers over civilian authority.
Field Marshal Asim Munir gets catapulted as the Chief of Defense Forces (CDF) to head all the three wings of Defense forces. The Amendment also grants immunity to top military leaders from criminal prosecution and reshapes the military’s command structure.
The amendment creates the post of commander of the National Strategic Command (NSC), responsible for Pakistan’s nuclear command. The head of the NSC would be appointed only from the army in consultation with the CDF and army chief.
Munir, who became army chief in November 2022, was made Field Marshal on May 20 after India’s Operation Sindoor. He is the second Pakistani military officer, after Field Marshal Ayub Khan, to have received the designation.
The Amendment clears way for creation of a Federal Constitution Court (FCC) which will be above Pakistan’s Supreme Court. The Supreme Court will now be limited to hearing civil, criminal and statutory cases while top-most military officials will receive immunity from criminal prosecution. The FCC will have its own chief justice.
There is apprehension that the amendment will alter the judicial structure in Pakistan and have significant impact on democracy and governance.
Two senior Pakistan Supreme Court judges, Mansoor Ali Shah and Athar Minallah resigned in protest against the controversial amendment saying it would “fracture the unity’’ of Pakistan’s Supreme court. “Staying on would not only amount to silent [conformity] in a constitutional wrong, but would also mean continuing to sit in a court whose constitutional voice has been muted,” Shah said on X.
Shah said ‘’the FCC does not represent a genuine reform agenda but is instead a political device to weaken and control the judiciary. Shah is the second most senior judge of Pakistan’s Supreme Court.
The 27th Amendment can have significant implications for India in terms of military dynamics and regional security.
With Asim Munir’s increased authority and judiciary’s dilution of powers, Pakistan’s infamous Inter-Services Intelligence (ISI) will have more freedom and powers to act against India and can escalate tensions. With Pakistan military having control over civilian authority, foreign policy decisions can be considerably influenced.
There is every possibility that anti-India terrorist apparatus could get emboldened and the possibility of any future dialogue with India will be jeopardised. Chances of peace between India and Pakistan could be hamstrung.
However, the impact of the Amendment on regional situation, particularly on India and Afghanistan, depends on Pakistan’s internal situation, response of the international community and India’s future strategies. India will have to reshape its strategies.
Overall the 27th Amendment is a significant shift in Pakistan’s constitutional order with implications for Pakistan’s democratic institutions, judiciary and relations particularly with India and Afghanistan. The Amendment could create an environment of mistrust and hostility in the region, particularly India and Afghanistan.
Reema Omer, legal Advisor for the International Commission of Jurists, said ‘’the Amendment marks ‘’a fundamental change’’ for the judiciary institutionalising the ‘’supremacy of the uniform over the ballot.’’ She said the ‘’executive will appoint judges who will have the sole jurisdiction to hold the executive accountable.’’
Senator Akli Zafar of Imran Khan’s PTI said ‘’you cannot force a constitution through bullets.’’ He warned that altering the balance of the constitution’s fundamental pillars could lead to major chaos.
Majlis Wahdat-e-Muslimeen (MMM) chief Allama Raja Nasir Abbas said ‘’democratic institutions have been paralysed within Pakistan…’’