Context
- Pakistan’s President signed the 27th Constitutional Amendment Bill, instantly making it part of the Constitution.
- It reshapes Pakistan’s power structure, centralising military authority and restructuring the judiciary.
Nature of the Amendment
- Rapidly passed constitutional change significantly expanding military control.
- Centralises command under the senior-most military officer and creates a new Federal Constitutional Court (FCC) above the Supreme Court.
Key Aims
- To formalise the military’s dominant role in Pakistan’s political and security framework.
- To institutionalise a new judicial hierarchy reducing the Supreme Court’s influence.
- To provide permanent legal immunity and enhanced authority to top military leadership.
Major Features
- Military Empowerment
- Army Chief becomes Chief of Defence Forces (CDF), commanding Army, Navy, and Air Force together.
- All future Army Chiefs will hold dual roles (Army Chief + CDF).
- Control Over Strategic & Nuclear Assets
- Establishes a Commander of National Strategic Command.
- Appointed on Army Chief’s recommendation.
- Gains full authority over nuclear and strategic weapons.
- Lifelong Immunity for Five-Star Officers
- Five-star officers receive:
- Lifelong legal immunity from prosecution.
- Permanent rank and privileges, remaining in uniform for life.
- Removal only by two-thirds majority in Parliament.
- Five-star officers receive:
Judicial Restructuring
- Creation of the Federal Constitutional Court (FCC)
- Becomes the highest court for:
- Constitutional interpretation
- Federal–provincial disputes
- Enforcement of fundamental rights
- Constitutional appeals
- Its decisions are binding on all courts, including the Supreme Court.
- Becomes the highest court for:
- Reduction of Supreme Court Powers
- Supreme Court becomes largely a final appellate body for civil/criminal matters.
- Loses authority over constitutional issues, writs, and presidential references.
- High Court Judges
- Judges can be transferred without consent.
- Refusal can cause forced retirement, undermining judicial independence.
Key Implications
- Military power consolidated above civilian institutions.
- The CDF becomes more powerful than Prime Minister, President, or Parliament.
- Judicial independence eroded through a politically influenced FCC.
- Permanent legal shield for top military leadership, especially Asim Munir.