Pakistan’s 27th Constitutional Amendment Bill – Key Highlights and Implications

Subject: International Developments (UPSC GS II)
Source: Indian Express

Context:

Pakistan’s President has approved the 27th Constitutional Amendment Bill, immediately making it part of the Constitution. The amendment significantly restructures Pakistan’s power balance by expanding military authority and reducing the role of the judiciary.

What is Pakistan’s 27th Constitutional Amendment Bill?

The 27th Constitutional Amendment Bill is a sweeping reform that centralises military power, grants unprecedented legal immunity to top military leadership, and creates a new constitutional court above the existing Supreme Court.

Aim of the Amendment

• To formalise the military’s dominance in Pakistan’s political and security structure.
• To establish a new judicial mechanism that restricts the Supreme Court’s powers over constitutional matters.
• To grant permanent authority and immunity to top military officials—especially the current five-star officer, General Asim Munir.

Key Features

1. Expansion of Military Authority

• The Army Chief becomes the Chief of Defence Forces (CDF), gaining command over the Army, Navy, and Air Force.
• All future Army Chiefs will automatically hold this dual role.

2. Strategic and Nuclear Command Control

• A new Commander of the National Strategic Command will oversee nuclear and strategic assets.
• This position will be appointed on the Army Chief’s recommendation, strengthening military control over Pakistan’s nuclear capability.

3. Permanent Immunity for Five-Star Officers

• Five-star officers (a rank held only by Asim Munir) receive:
  • Lifetime immunity from prosecution.
  • Permanent rank and privileges.
  • Protection from removal except through a two-thirds majority in Parliament.
• This effectively places the Army Chief beyond judicial or civilian accountability.

Changes to the Judiciary

1. Creation of a Federal Constitutional Court (FCC)

• The FCC becomes Pakistan’s highest court for constitutional matters, handling:
  • Constitutional interpretation
  • Federal–provincial disputes
  • Fundamental rights enforcement
  • Appeals on constitutional issues
• Its decisions are binding on all courts, including the Supreme Court.

2. Reduction of Supreme Court Powers

• The Supreme Court becomes mainly a civil and criminal appellate court.
• It loses authority over:
  • Constitutional cases
  • Writ petitions
  • Presidential references

3. Transfer of Judges Without Consent

• High Court judges can be transferred without their approval.
• Judges opposing transfer can be forced into retirement.
• This raises serious concerns over judicial independence.

Implications

1. Military Power Consolidated

• Military leadership becomes more powerful than civilian authorities such as the Prime Minister, President, or Parliament.
• The amendment institutionalises the military’s long-standing behind-the-scenes influence.

2. Weakening of Judicial Independence

• The Supreme Court’s constitutional role is diluted.
• The FCC, controlled through government appointments, may align with the executive and military.

3. Permanent Legal Shield for Asim Munir

• The amendment ensures the Army Chief cannot face legal challenge—now or in the future.
• This creates a parallel power structure that overshadows democratic institutions.