Pakistan’s parliament approved a sweeping constitutional amendment that expands the powers and protections of the military leadership while curbing the Supreme Court’s authority. The 27th Amendment, passed by a two-thirds majority in the lower house after earlier clearance by the upper house, was signed into law by President Asif Ali Zardari. Opposition Pakistan Tehreek-e-Insaf (PTI) members boycotted the vote and protested by tearing copies of the bill. Critics said the measure was rushed through with minimal public debate despite its broad implications.
The amendment creates a new post of chief of defense forces (CDF), to be held by the head of the army — currently Field Marshal Asim Munir — giving that office authority over the navy and air force as well. Munir, who became army chief in November 2022, was promoted to field marshal and given a five‑star rank in May.
It grants lifelong privileges and protections to any officer promoted to field marshal, marshal of the air force, or admiral of the fleet: they will retain rank and privileges for life, remain in uniform, and enjoy permanent immunity from criminal proceedings. Critics warn this is especially alarming in a country where the military has directly ruled for long periods and been implicated in coups and interventions against democratic institutions; the last direct military rule ended with General Pervez Musharraf’s resignation in 2008.
Constitutional experts expressed sharp disagreement over the amendment’s implications. Osama Malik, a senior constitutional law expert in Islamabad, called it “draconian even by martial law standards” and said permanent immunity could prevent legal action if a future military chief suspends parliament or abrogates the constitution. By contrast, Ahmed Bilal Mehboob of the PILDAT think tank argued the change merely formalizes the field marshal’s role within the military and does not institutionalize authoritarianism. Maria Sultan of the South Asian Strategic Stability Institute said giving legal and constitutional backing to the field marshal’s role could strengthen state balance.
The reform also reshapes Pakistan’s judiciary. A new Federal Constitutional Court will be established with its own chief justice and judges appointed by the government; it will have exclusive jurisdiction over constitutional matters, stripping the Supreme Court of some of its original powers. The amendment bars courts from questioning any constitutional change “on any ground whatsoever.” Another clause gives the president the power to transfer High Court judges on the recommendation of a judicial commission, raising fears the provision could be used to sideline dissenting judges.
Supporters say the change will streamline justice and create institutional balance after what they view as judicial overreach. Mehboob said the legislature and executive are asserting themselves to restore balance. Detractors, including former diplomat and commentator Maleeha Lodhi, warned the amendment “delivers another blow to democracy” by weakening an independent judiciary and further skewing the civil-military balance in favor of the military. Malik added that making the Federal Constitutional Court technically supreme would “destroy even the facade of a free judiciary” and urged lawyers and civil society to oppose the changes.
Edited by: Srinivas Mazumdaru
