Pakistan’s President Asif Ali Zardari signed the 27th Constitutional Amendment on Thursday (November 13), thereby embedding sweeping changes into the constitution that significantly enhance the authority of Field Marshal Asim Munir while severely curtailing the independence of the judiciary.
Unprecedented Military Powers for Munir
Under the amendment, Munir is elevated to the new post of Chief of Defence Forces (CDF), giving him formal control over the Army, Navy, and Air Force — a role traditionally held by the civilian government.
A new post of Commander of the National Strategic Command (reporting to the Prime Minister on the Army chief’s recommendation) has also been created, placing nuclear and strategic assets firmly under army influence.
Most controversially, five-star officers — such as Munir — are now granted lifelong immunity from prosecution, will “retain rank, privileges and remain in uniform for life,” and can only be removed via a two-thirds majority in Parliament.
Critics say this effectively places Munir and future five-star officers above the law.
Judiciary Weakened, Civil-Military Balance Tilted
The amendment also establishes a Federal Constitutional Court (FCC) whose decisions will be binding and which will take over many of the constitutional interpretation powers previously held by the Supreme Court of Pakistan (SC).
This renders the SC largely a final appeals court for civil and criminal cases.
Transfer of high-court judges can now happen without their consent, and resistance can lead to compulsory retirement — further eroding judicial independence.
Legal experts describe the move as signalling the “death knell” of judicial oversight in Pakistan.
Speed and Scope Trigger Alarm
The bill was passed in less than a week, an unusually rapid timeframe for such a sweeping constitutional change. Only four lawmakers voted against it in the lower house.
Opposition parties, including Pakistan Tehreek‑e‑Insaf (PTI), and civil society activists decried the process as lacking meaningful debate and warned that the country is sliding toward authoritarian rule.
Analysts’ Fears: Judicial Erosion and Military Supremacy
Several analysts had long warned that after Asim Munir’s elevation to a five-star rank, Pakistan risked seeing the judicial system further dwarfed and a dictatorship-like structure emerge.
They pointed to parallels with past military dictatorships under Zia‑ul‑Haq and Ayub Khan, and suggested the 27th Amendment could represent even deeper entrenchment of military supremacy.
Not shockingly, these warnings appear to be materialising — with the judiciary’s powers significantly curtailed and the military formally entrenched within the constitutional framework.
Implications for Pakistan’s Democracy
- Civilian authority is now constitutionally subordinate to the military establishment.
- Legal accountability of the highest-ranking officers and the President is removed.
- The judiciary’s role as a check on executive or military overreach is severely undermined.
- Through institutional change, the amendment may render future restoration of full civilian rule extremely difficult.
In essence, the 27th Amendment represents a constitutionalisation of military dominance and a major realignment of Pakistan’s governance structure — a shift analysts view as deeply detrimental to the rule of law and democratic norms.
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