Pakistan Enacts Constitutional Amendment Expanding Military Authority

Pakistan's parliament has approved a significant constitutional amendment that bolsters the authority of the military leadership while simultaneously limiting the powers of the Supreme Court. The legislation, widely referred to as the 27th Amendment, introduces notable changes to the governance structure of the country and further solidifies the military's role in state affairs.

Passed by a two-thirds majority in the lower house and subsequently endorsed by the upper house, the amendment was signed into law by the president. The process moved rapidly through the legislative chambers, drawing criticism from opposition parties who objected to the limited public scrutiny and debate surrounding the measure. Members of the opposition party Pakistan Tehreek-e-Insaf (PTI) abstained from the vote in protest.

One of the most consequential aspects of the amendment is the creation of the position of Chief of Defense Forces (CDF), to be held by the head of the army. This role consolidates command over the army, navy, and air force, further centralizing military authority. The current army chief, Field Marshal Asim Munir, now occupies this newly established position, having been elevated to the five-star rank earlier in the year. The amendment ensures that officials elevated to the highest military ranks -- including field marshal, marshal of the air force, or admiral of the fleet -- will retain their status, privileges, and uniforms for life. Additionally, these top military figures are now granted permanent immunity from criminal prosecution.

This legislative move comes against the backdrop of Pakistan's history, where the military has played a dominant role, including multiple periods of direct rule. The last such era concluded in 2008. The new provisions are seen as formalizing the military's preeminent status within the government structure.

Alongside changes to military leadership, the amendment also alters the judiciary's role. It establishes a Federal Constitutional Court, which will be led by its own chief justice and staffed by government-appointed judges. This new court will have exclusive authority over constitutional matters, effectively reducing the Supreme Court's jurisdiction. The Supreme Court will no longer be able to challenge constitutional amendments on procedural or substantive grounds. Furthermore, the amendment enables the president, on the recommendation of a judicial commission, to transfer High Court judges, raising concerns about the independence of the judiciary.

Supporters of the amendment argue that these reforms will promote institutional harmony and streamline the judicial process, potentially leading to more efficient administration of justice. They also contend that the formalization of military leadership roles provides clear delineation of powers, rather than expanding military influence into civilian affairs.

Conversely, legal experts and civil society groups have voiced apprehensions about the potential erosion of judicial independence and the concentration of power within the military establishment. They warn that granting permanent immunity to military leaders and diminishing the Supreme Court's oversight could weaken democratic safeguards and further tilt the civil-military balance in favor of the armed forces.

Debate continues regarding the long-term implications of the amendment. Detractors caution that the changes may undermine Pakistan's democratic institutions and checks on executive authority, while proponents maintain that the reforms are necessary to ensure stability and clarify institutional responsibilities.

The passage of this amendment marks a pivotal moment in Pakistan's political trajectory, with potential consequences for the country's civil-military relations and the functioning of its judiciary.