Does the 27th Constitutional Amendment Enhance Military Power While Limiting Supreme Court Authority?
Synopsis
Key Takeaways
- The 27th Constitutional Amendment strengthens military authority in Pakistan.
- It limits the powers of the Supreme Court significantly.
- Field Marshal Asim Munir gains unprecedented control over the armed forces.
- Legal immunity for military personnel raises concerns about accountability.
- The amendment could threaten the democratic processes in Pakistan.
Islamabad, Nov 16 (NationPress) The Pakistan Parliament has recently enacted the 27th Constitutional Amendment, which significantly augments the power of the Pakistani military while simultaneously curtailing the Supreme Court's legal authority. This amendment effectively eliminates the checks that the Supreme Court previously held over Pakistani politicians and military leadership, according to a report.
In a recent opinion piece for Deccan Chronicle, strategic analyst Kamal Davar pointed out, "It is often remarked that while many nations maintain an army, in Pakistan's case, the military essentially governs the country. This cliché has gained renewed relevance as the formidable Pakistan military, led by Field Marshal Asim Munir, has influenced the civilian government under Prime Minister Shehbaz Sharif to pass this contentious amendment, thereby consolidating military power and diminishing the Supreme Court's authority."
According to Davar, the limitation placed on the Supreme Court strips it of its previous ability to check the actions of politicians and military leaders. Opposition to this move has been notably scarce, possibly due to a pervasive climate of fear within Pakistan's civil society, which has stifled vigorous protests. What could have been legally contested in the past is now rendered obsolete, with Field Marshal Asim Munir transitioning from a position of de facto authority to one of de jure power.
It is important to note that Asim Munir is Pakistan’s second Field Marshal, following in the footsteps of Ayub Khan, who orchestrated a coup in 1959. Despite a history marked by four coups, the Army has retained complete control over defense and foreign policy, particularly regarding India and the region, including the initiation of terrorist operations.
The 27th Amendment introduces notable changes to Article 243 of Pakistan's Constitution, which governs the relationship between civil authorities and the military. Firstly, it states that the "federal government shall have control and command of the armed forces" while the "supreme command of the armed forces shall rest in the President." However, under his new role, Asim Munir will have comprehensive control over the military branches, including the Army, Navy, and Air Force. Secondly, the position of Chairman of Joint Chiefs of Staff has been abolished and replaced by the Chief of Defence Forces, who will now possess absolute power, including oversight of Pakistan's nuclear arsenal. Thirdly, the Supreme Court’s previous jurisdiction over cases involving military leaders has been rescinded, shifting such matters to a Federal Constitutional Court, while the Supreme Court’s role will now be confined to limited civil issues.
Davar further commented, "One of the most alarming aspects of the 27th Amendment is the provision granting legal immunity to both serving and retired military personnel for actions taken 'in the line of duty.' This effectively means that corruption, human rights violations, and other misconduct by high-ranking military officials will go unpunished. Past dictators like Gen. Zia-ul Haq and Gen. Pervez Musharraf did not enjoy such extensive privileges; their legal protections were confined to martial law. For instance, Musharraf faced impeachment after the Nawaz Sharif government took office and was ultimately exiled."
In summary, all civil governance institutions in Pakistan have now been subsumed under the military's legal framework. The country has overtly transitioned into a 'constitutional dictatorship in uniform.' Field Marshal Asim Munir appears to be further intertwining military reforms with religious ideology, positioning the Army as a guardian of faith rather than a stabilizing force for the nation. This trend poses a significant threat, as it weaponizes religion and emboldens extremist groups in Pakistan, with the Army shifting from a regulatory role to one that fosters radicalism.