Pakistan’s 27th Constitutional Amendment Bill now law: How it makes Asim Munir more powerful, weakens Supreme Court
Pakistan 27th Constitutional Amendment Bill, Asim Munir Powers Explained: For legislation that makes such significant changes to the country's power structure, Pakistan's 27th Constitutional Amendment Bill was passed with lightning speed. Here are its two main provisions.
This amendment puts Asim Munir above any law in Pakistan, and he can never be prosecuted for any of his actions.
Pakistan 27th Constitutional Amendment Bill Explained: Pakistan’s President Asif Ali Zardari on Thursday (November 13) signed the 27th Constitutional Amendment Bill, making it part of Pakistan’s Constitution. The controversial Bill significantly increases the powers of the Field Marshal Asim Munir, and curtails the powers of the Supreme Court by establishing another court above it.
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For legislation that makes such significant changes to the country’s power structure, the Bill was passed with lightning speed, in less than a week. The political opposition, including Imran Khan’s PTI, and some civil society members have criticised the Bill.
Here’s what its main provisions are.
Asim Munir even more powerful now
Army chief Asim Munir now becomes Chief of Defence Forces, which means that the Navy and the Air Force are also under him. In the future, all Army chiefs are to hold this dual role. In addition, a post of Commander of the National Strategic Command is being created, who will oversee the country’s nuclear and other strategic assets. This person will be appointed by the Prime Minister on the recommendation of the Army chief, and must come from the Army.
But the change that has attracted the most controversy is that “five-star officers” now enjoy lifelong immunity from any legal action. Asim Munir is the second five-star rank officer in the history of Pakistan, after General Ayub Khan.
Five-star officers will also “retain the rank, privileges and remain in uniform for life” and can be removed from their post only through a two-thirds majority in Parliament.
This effectively puts Munir above any law in Pakistan, and he can never be prosecuted for any of his actions.
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These measures put the Chief of Defence Forces much above civilian posts of power. While the President and Governors in Pakistan enjoy immunity while in power, it does not extend once they step down. Also, the civilian government can fall through a simple majority vote in Parliament.
These changes come at a time Munir’s profile is rising both within the country and internationally. He has accompanied Prime Minister Shehbaz Sharif on international trips almost like a co-head of state, including on two much publicised trips to the US, where Donald Trump called him his “favourite” field marshal.
Power in Pakistan has always been a tug-of-war between the military and the civilian leadership, with the country spending large periods of time under military dictatorship. This time, the civilian government has been completely in step in giving the military inordinate powers.
Changes to Pakistan’s Supreme Court
A new Federal Constitutional Court (FCC) is being created, with its own chief justice and judges, who will be appointed by the government. This court will hear cases that involve interpreting the constitution and disputes between various governments, whether federal and provincial or between two state governments. The Supreme Court, thus, is now just the final court of appeal for civil and criminal cases. The decisions of the FCC will be binding on all other courts.
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According to the Pakistani newspaper Dawn, “Moreover, the FCC would take over the Supreme Court’s authority on cases concerning the enforcement of fundamental rights, appeals from high courts on constitutional matters, writ petitions under Article 199 (except family and rent cases), and even the President’s power to seek advisory opinions from the apex court.”
Also, when high court judges are now transferred, their consent will not be sought, as was the case so far. If a judge resists his transfer, he will be asked to retire.
So far, courts have often acted as the last check on the government in power. Imran Khan, Nawa Sharif, and even General Pervez Musharraf have had to contend with adverse court orders. Many within Pakistan fear that these changes are weakening the already fragile system of checks and balances in the country.
Yashee is a Senior Assistant Editor with the indianexpress.com, where she is a member of the Explained team. She is a journalist with over 12 years of experience, starting her career with the Mumbai edition of Hindustan Times. She has also worked with India Today, where she wrote opinion and analysis pieces for DailyO. Her articles break down complex issues for readers with context and insight.
Yashee has a Bachelor's Degree in English Literature from Presidency College, Kolkata, and a postgraduate diploma in journalism from Asian College of Journalism, Chennai, one of the premier media institutes in the country.
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