Pakistan’s parliament has approved a major constitutional overhaul that broadens protections and powers for the military leadership while curtailing the judiciary’s reach. The 27th Amendment, cleared earlier by the upper house and passed in the lower house by a two‑thirds majority, was signed into law by President Asif Ali Zardari. Opposition Pakistan Tehreek-e-Insaf lawmakers boycotted the final vote and staged protests, tearing copies of the bill. Critics say the measure was rushed through with little public debate despite its far-reaching effects.
A centerpiece of the amendment is the creation of a chief of defense forces (CDF) post, to be held by the army chief — currently Field Marshal Asim Munir — giving that office authority over the navy and air force. Munir, appointed army chief in November 2022, received promotion to field marshal and a five‑star rank in May.
The text also grants lifetime privileges and protections to anyone elevated to the ranks of field marshal, marshal of the air force, or admiral of the fleet: they would retain rank and privileges permanently, continue to wear uniform, and be shielded from criminal prosecution. Opponents say this immunity is especially troubling in a country with a long history of military interventions and periods of direct rule; the last instance of overt military governance ended with Gen. Pervez Musharraf’s resignation in 2008.
Constitutional scholars and commentators are sharply divided over the change. Osama Malik, a senior constitutional law expert in Islamabad, described the amendment as “draconian even by martial law standards,” warning that permanent immunity could block judicial accountability if a future military leader sought to suspend parliament or abrogate the constitution. By contrast, Ahmed Bilal Mehboob of the PILDAT think tank says the provision simply formalizes the field marshal’s status within the armed forces and does not amount to institutionalizing authoritarian rule. Maria Sultan of the South Asian Strategic Stability Institute suggested that giving constitutional weight to the field marshal’s role could help rebalance state institutions.
The amendment also restructures Pakistan’s constitutional adjudication. It establishes a new Federal Constitutional Court with its own chief justice and judges — appointed by the government — and grants that court exclusive authority over constitutional disputes, narrowing the Supreme Court’s original jurisdiction. The law bars courts from questioning any constitutional amendment “on any ground whatsoever.” Another clause permits the president to transfer High Court judges on the recommendation of a judicial commission, a change critics fear could be used to marginalize dissenting judges.
Supporters defend the reform as a corrective to perceived judicial overreach, saying it will streamline constitutional dispute resolution and restore equilibrium between branches of government. Mehboob has argued the legislature and executive are reasserting needed authority. Detractors, including former diplomat Maleeha Lodhi, argue the amendment “delivers another blow to democracy” by undermining judicial independence and further tilting the civil‑military balance toward the military. Malik warned that elevating the Federal Constitutional Court above other safeguards would “destroy even the facade of a free judiciary” and urged lawyers and civil society groups to oppose the changes.
Edited by: Srinivas Mazumdaru