Pakistan Grants Army Chief Lifetime Immunity in Controversial Constitutional Overhaul

Pakistan Grants Army Chief Lifetime Immunity in Controversial Constitutional Overhaul

Pakistan's parliament approved sweeping constitutional changes on Thursday, granting Field Marshal Asim Munir-current army chief-unprecedented powers, lifetime immunity from prosecution, and oversight of the navy and air force. Critics warn the 27th Amendment risks deepening military dominance over civilian institutions, while supporters argue it streamlines governance and judicial efficiency.

Military's Expanded Authority

The amendment formalizes Munir's lifetime rank and uniform, allowing the president-with the prime minister's advice-to assign him post-retirement duties. Analysts say this ensures his influence persists indefinitely, reinforcing the military's longstanding political role. Pakistan's history of alternating between civilian rule and military control, termed "hybrid rule," now appears to tilt decisively toward the latter.

"This isn't hybrid rule anymore-it's a post-hybrid system," said Michael Kugelman, former director of the Wilson Center's South Asia Institute. "The civil-military imbalance is now extreme."

Prime Minister Shehbaz Sharif defended the reforms as necessary to modernize defense structures, according to state-run Associated Press of Pakistan. But rights advocates argue the changes erode checks on military power. "The balance is gone," said Munizae Jahangir, co-chair of the Human Rights Commission of Pakistan. "The military needed reining in, not empowerment."

Judicial Reforms Spark Backlash

The amendment establishes a new Federal Constitutional Court (FCC), tasked with resolving constitutional disputes. Its judges-including the inaugural chief justice-will be presidential appointees, raising concerns over judicial independence. "The executive now controls bench composition," Jahangir said. "How can litigants expect fair trials?"

Proponents claim the FCC will reduce backlogs by separating constitutional cases from civil/criminal dockets. However, lawyers like Salahuddin Ahmed note most pending cases are in lower courts, not the Supreme Court. "If speed were the goal, reforms would target those," he said.

"The constitution I swore to defend no longer exists."

Justice Athar Minallah, in his resignation letter

Two Supreme Court justices resigned in protest Thursday. Justice Mansoor Ali Shah called the amendment a "dismemberment" of the Court, while Defense Minister Khawaja Asif dismissed their departures as resistance to "parliamentary supremacy."

Judicial Transfers and Future Risks

The law permits transferring judges without consent; refusals can trigger forced retirement if deemed unjustified. Critics say this pressures judges to align with government interests. "It's a tool for coercion," Ahmed warned, citing past judicial collaboration with dictators. "Remove even the hope of resistance, and instability follows."

Arifa Noor, a political commentator, linked the 27th Amendment to last year's 26th-which let lawmakers select the top judge-calling it "another step toward authoritarianism." Speculation about a 28th Amendment is already circulating.

"Bottled-up grievances don't bode well for social stability."

Michael Kugelman, South Asia analyst

What's Next?

The FCC's formation and Munir's expanded role will unfold in coming months. Observers note the changes may accelerate if opposition-from judges, lawyers, or civil society-fails to gain traction. For now, Pakistan's shift toward centralized military authority appears irreversible.