Pakistan’s 27th Constitutional Amendment Explained | Asim Munir | In News | Drishti IAS English

Summary

The 27th Constitutional Amendment of Pakistan has sparked major controversy, primarily due to provisions that significantly increase the power of the military and diminish the judiciary's role. Key changes include the Army Chief becoming Chief of Defense Forces, overseeing all branches of the military, and gaining influence over the appointment of key defense roles. Five-star military officers are granted permanent criminal immunity. The creation of the Federal Constitutional Court (FCC) to handle constitutional matters undermines the Supreme Court's power and judicial independence. The amendment has far-reaching implications for Pakistan's governance, its democratic institutions, and its relationship with neighboring India.

Takeaways

• 😀 The 27th Constitutional Amendment Bill of Pakistan has become law after receiving the President's assent, despite being controversial.
• 😀 The amendment significantly increases the powers of the army chief, Asim Mun, including a dual role as Chief of Defense Forces overseeing the army, navy, and air force.
• 😀 A new, powerful post will be created—the Commander of the National Strategic Command, responsible for overseeing Pakistan's nuclear and strategic assets, appointed by the army chief's recommendation.
• 😀 Five-star officers, including the army chief, will receive permanent criminal immunity, making them immune to prosecution or investigation during their lifetime.
• 😀 These five-star officers, once appointed, retain their rank, privilege, and uniform for life, with difficult removal procedures requiring a two-thirds parliamentary majority.
• 😀 The bill strengthens the military's influence and paves the way for a potentially stronger military dictatorship in Pakistan, continuing a historical trend.
• 😀 A new Federal Constitutional Court (FCC) will be created, taking over the responsibility for constitutional matters from the Supreme Court, with the Chief Justice and judges appointed by the President on the Prime Minister's advice.
• 😀 The creation of the FCC undermines the independence of the judiciary in Pakistan, as constitutional interpretation will no longer be the sole domain of the Supreme Court.
• 😀 The transfer of judges can be done against their will, and those who resist may be forced to retire, further reducing judicial independence.
• 😀 The shift in power towards the military and the executive raises concerns for the democratic functioning of Pakistan and poses risks for regional stability, especially in relations with neighboring India.

Q & A

What is the 27th Constitutional Amendment Bill of Pakistan about?

The 27th Constitutional Amendment Bill of Pakistan introduces significant changes to the country’s governance, especially by increasing the powers of the army chief and creating a new Federal Constitutional Court (FCC), which undermines the powers of the judiciary. The amendment also grants permanent criminal immunity to certain military officers.

Why has the 27th Constitutional Amendment Bill been considered controversial?

The bill is controversial because it greatly increases the powers of the army chief and military officers while significantly reducing the powers of the judiciary, particularly the Supreme Court. These changes have raised concerns about a shift towards military dictatorship and the weakening of civilian governance.

What new powers will the army chief of Pakistan have under this amendment?

Under this amendment, the army chief will also hold the position of Chief of Defense Forces, overseeing not just the army but also the navy and air force. Additionally, the army chief will have influence over appointments for crucial military posts, such as the Commander of the National Strategic Command, responsible for the country's nuclear assets.

What is the significance of the Commander of the National Strategic Command position?

The Commander of the National Strategic Command will oversee Pakistan's nuclear assets and other strategic resources. This person will be appointed based on the army chief's recommendation, making the army chief even more powerful in terms of control over national security matters.

What is the issue with the permanent criminal immunity granted to five-star military officers?

The bill grants five-star military officers permanent immunity from prosecution or investigation for any criminal actions committed while in office. This creates concerns over accountability, as these officers cannot be questioned or held accountable for their actions during their lifetimes.

How does the amendment affect the independence of Pakistan’s judiciary?

The amendment undermines judicial independence by creating a Federal Constitutional Court (FCC), which will take over the role of the Supreme Court in constitutional matters. The judges of the FCC are appointed by the executive (the president on the advice of the prime minister), which gives the executive branch significant influence over the judiciary.

What role will the Federal Constitutional Court (FCC) play in Pakistan's legal system?

The FCC will handle constitutional matters, including disputes and interpretations of the constitution, as well as fundamental rights. This reduces the role of the Supreme Court, which will now only handle ordinary civil and criminal matters, thereby shifting the balance of legal power toward the executive.

How does the appointment process of judges to the FCC affect Pakistan’s judiciary?

Judges of the FCC will be appointed by the president, based on the prime minister’s advice. This gives the executive significant influence over the judiciary, potentially compromising the independence of the courts and creating a system where judicial decisions could be swayed by political considerations.

What happens if judges of the High Court in Pakistan resist being transferred under the new amendment?

If High Court judges resist their transfer, they can be asked to retire. This provision weakens judicial independence, as it allows the executive to remove judges who oppose government decisions, further consolidating power in the hands of the military and the government.

How could the 27th Constitutional Amendment Bill affect Pakistan's relationship with India?

The shift of power towards the military and the weakening of civilian governance in Pakistan could complicate India-Pakistan relations. With the military playing a larger role in Pakistan’s governance, India may have to engage with the military rather than a civilian government, narrowing diplomatic negotiation options and increasing regional instability.