Pakistan Army Chief Gets More Powers, Lifetime Immunity

Pakistan’s parliament has decided to grant Army Chief General Asim Munir new powers and lifetime immunity from arrest and prosecution. Critics say this paves the way to dictatorship.

The 27th Constitutional Amendment, which came into effect on Thursday, will also bring significant changes to the way the country’s highest court operates.

Advocates for the changes say they help relieve the courts’ backlog while providing clarity and administrative structure for the military.

Pakistan’s military has long played a key role in the nuclear-armed country’s politics. Sometimes they seized power through coups, and sometimes they pulled the lever behind the scenes.

Throughout its history, Pakistan shifted from increased civilian autonomy to open control under military leaders such as General Pervez Musharraf and Zia-ul-Haq. Analysts call this balance between civilians and the military hybrid governance.

Some see this amendment as a sign that the balance is shifting in favor of the military.

“To me, this amendment is the latest, perhaps strongest, sign that Pakistan is experiencing a post-hybrid system rather than the current hybrid system,” says Michael Kugelman, director of the South Asia Institute at the Wilson Center in Washington.

“We are essentially looking at a situation where the civil-military imbalance is as unbalanced as possible.”

The amendment means that Munir, who has been the Army Chief since November 2022, will now also oversee the Pakistan Navy and Air Force.

The title and military uniform of field commander are for life, and even after retirement, ‘responsibilities and duties’ are assigned to him as determined by the president following the recommendation of the prime minister.

It is expected that this will lead to him playing an important role in public life while he is alive.

Supporters of the bill have argued that it clarifies Pakistan’s military command structure.

Pakistan’s Associated Press, a government-run news agency, quoted Prime Minister Shehbaz Sharif as saying the changes are part of a broader reform agenda to ensure Pakistan’s defense meets modern warfare requirements.

But others see it as a transfer of power to the military.

“There is no balance between the military and civilians,” said Munizae Jahangir, a journalist and co-chair of the Human Rights Commission of Pakistan.

“They tilted the power dynamic back towards the military, giving it authority when it should have controlled it.”

The second most controversial area of ​​change is the courts and judiciary.

The amendment would establish a new Federal Constitutional Court (FCC) to decide constitutional questions. The FCC’s first chief justice and judges are appointed by the president.

“This forever changes the shape and nature of the right to a fair trial,” says Jahangir.

“The influence of the executive branch not only on the appointment of judges but also on the Constitutional Court has increased. What hope do litigants have of receiving a fair trial in a situation where the state dictates the Constitution of the Constitutional Court?”

“The judiciary is now significantly subordinated to the executive,” said journalist and commentator Arifa Noor.

“The general consensus now is that there will be absolutely no space for the judiciary to operate independently for the foreseeable future.”

Before this amendment was passed, the Supreme Court heard and decided constitutional cases. Some said there was a backlog of criminal and civil cases waiting to be heard because judges also had to hear constitutional arguments, and argued that separating the two cases helped smooth the court process.

Salahuddin Ahmed, a Karachi-based Supreme Court lawyer, finds the argument disingenuous, but some lawyers find it somewhat appealing. He points out that most of the pending cases in Pakistan are not before the Supreme Court.

“Statistically, if you were truly worried about moving cases forward faster, you would have focused your reforms on those cases.”

Within hours of the amendment becoming law, two Supreme Court justices submitted their resignations.

“The Constitution I swore to uphold and defend no longer exists,” Justice Attar Minala said in his resignation letter.

Justice Mansoor Ali Shah said the judiciary had been brought under government control and the 27th Amendment had “shattered the Supreme Court”.

Commenting on the resignations, Defense Minister Khawaja Asif said, “Their conscience has been awakened as the Supreme Court monopoly has been curbed and Parliament has sought to prove the supremacy of the Constitution.”

Judges can now be transferred to other courts without consent. If the move is not agreed to, the judge can appeal to the Judicial Council, and if the reasons for not moving are found to be invalid, the judge must retire.

Those in favor argue it will allow courts in every part of the country to be staffed, but some fear it will be used as a threat.

“Taking a judge from the province where he served and taking him to another high court puts more pressure on the government to toe the line,” Mr Ahmed said. He fears that these changes will upset Pakistan’s balance.

“(Our judiciary) has collaborated with dictators in the past, but has also sometimes nudged the executive branch. I think if you completely take that hope away from people, you’re sending them in another, much uglier direction.”

Kugelman agrees. “Bottled discontent does not bode well for social stability.”

“This signals a turn toward authoritarianism,” Ms. Noor said, adding that the amendment builds on last year’s Article 26 amendments that gave lawmakers the power to elect Pakistan’s top judge. There is already speculation that it is the 28th.

“This shows that the balance of power is heavily tilted in favor of the establishment.”