Pakistan’s 27th Amendment: Historic Military Command Restructuring and Judicial Overhaul - Global Net News Pakistan’s 27th Amendment: Historic Military Command Restructuring and Judicial Overhaul

Pakistan’s 27th Amendment: Historic Military Command Restructuring and Judicial Overhaul

Spread the love

Pakistan’s government has initiated one of the most sweeping constitutional and military reforms in decades through the proposed 27th Constitutional Amendment, recently tabled in the Senate after federal cabinet approval. This landmark bill restructures the command and control of Pakistan’s armed forces, elevating Field Marshal Asim Munir above all previous military officers by formally creating the new, powerful post of Chief of Defence Forces (CDF). This role will be held concurrently by the serving Chief of Army Staff, making Munir constitutionally recognized as the top commander of Pakistan’s Army, Navy, and Air Force. The move aims to embed his elevation as Field Marshal, a title already awarded but now to be permanently enshrined in the Constitution.

The amendment abolishes the long-standing position of Chairman, Joint Chiefs of Staff Committee (CJCSC), effective November 27, coinciding with the end of General Sahir Shamshad Mirza’s tenure. The functions of the CJCSC will be transferred to the CDF, consolidating military command under the army chief. This means Munir will hold dual roles: Chief of Army Staff and Chief of Defence Forces, thus becoming the senior-most uniformed officer across all military branches. The bill also empowers the president, advised by the prime minister, to appoint the heads of the Army, Navy, and Air Force, with the CDF granted constitutional authority to command all three services.

Additionally, the bill creates the position of Commander of the National Strategic Command who will oversee Pakistan’s nuclear and strategic arsenals. This commander must be an Army officer appointed by the prime minister on the CDF’s recommendation, further solidifying the army chief’s control over nuclear assets. The amendment grants officers holding five-star ranks such as Field Marshal, Marshal of the Air Force, or Admiral of the Fleet unprecedented rights. Such officers will retain their uniform, rank, and privileges for life, bear post-retirement responsibilities assigned by the government, enjoy constitutional immunity akin to the president, and can only be removed via a parliamentary impeachment process. The power to cancel these distinguished titles lies with Parliament rather than the prime minister.

Beyond military changes, the amendment also restructures Pakistan’s judiciary by establishing a Federal Constitutional Court (FCC) to assume constitutional interpretation, government disputes, and matters arising under Article 199. The FCC reduces the jurisdiction of the Supreme Court, potentially relegating it mostly to handling ordinary appeals while the FCC deals with constitutional questions. Judges of the FCC would be appointed with greater involvement from the president, prime minister, and parliament, ensuring equal provincial representation and led by a Chief Justice with a three-year term. Legal experts warn that this could effectively “dethrone” the Supreme Court, diminishing its role and tightening executive control over judicial affairs. However, some senior lawyers view the reform as “forward-looking,” aiming to depoliticize the Supreme Court and introduce judicial efficiency modeled on other democracies.

The 27th Amendment has sparked intense political debate in Islamabad, dividing political parties, legal experts, and civil society. Supporters argue it modernizes and unifies command structures and clarifies institutional responsibilities, while critics caution it centralizes power excessively in the military and weakens civilian oversight. The proposal emerged amid delicate coalition negotiations, with opposition parties vocally opposing what they perceive as the military’s unchecked ascendancy. This constitutional reform represents one of Pakistan’s most significant defense and judicial overhauls since the 1980s, dissolving key military offices, elevating the army chief’s supremacy, and reshaping the highest echelons of judicial power.

Leave a Reply

Your email address will not be published. Required fields are marked *