Pakistan’s Parliament on Thursday approved a sweeping constitutional amendment granting lifetime immunity to the President as well as the current Army Chief, a move that critics say could weaken democratic checks and the independence of the judiciary. The 27th Constitutional Amendment, passed with a two-thirds majority in both houses, also restructures the military command system and establishes a new Federal Constitutional Court.
Amendment expands military authority
The amendment grants Army Chief Asim Munir—who was promoted to field marshal after Pakistan’s clash with India in May—command over the Army, Air Force and the Navy under a newly created Chief of Defence Forces role. Senior military officers elevated to top ceremonial ranks such as field marshal, marshal of the Air Force or admiral of the fleet will now retain their rank, uniform and privileges for life. They will also enjoy immunity from criminal proceedings, a protection previously reserved only for the head of state.
Legal analysts caution that the changes may tilt the balance of civil-military relations. Islamabad-based lawyer Osama Malik said the amendment could “increase authoritarianism” and reduce civilian oversight. He added that it alters the existing military hierarchy, under which all service chiefs were considered equal within the joint chief system.
Lifetime immunity for the President
The amendment extends permanent legal immunity to President Asif Ali Zardari, although the protection will not apply if he or any former president holds another public office in the future. Mr. Zardari has previously faced several graft cases, though many proceedings were stayed by the courts. He signed the Bill into law soon after the parliamentary vote.
Opposition protests and judicial concerns
Opposition parties, led by the Pakistan Tehreek-e-Insaf (PTI), staged protests in both houses of Parliament, tearing up copies of the Bill and declaring that the amendment undermines democratic safeguards. PTI spokesman Sayed Zulfiqar Bukhari described it as “the final nail in the coffin of an independent judiciary and a functioning democracy”.
The amendment bars courts from questioning any constitutional change “on any ground whatsoever”. It also establishes a Federal Constitutional Court with exclusive authority to hear constitutional cases, thereby removing the Supreme Court’s original jurisdiction in these matters.
A further clause empowers the President to transfer High Court judges on the recommendation of the Judicial Commission. Critics warn that such a provision may allow the executive to marginalise dissenting judges and further centralise power.
Passage through both houses
The Senate first passed the amendment on Monday. After minor revisions in the National Assembly, the lower house approved it with the required two-thirds majority. The amended Bill returned to the upper house on Thursday, where Senate Chairman Yusuf Raza Gilani announced the final vote count: “Sixty-four members are in favour of the passage of the Bill and four members are against.”
With its passage in both houses and the President’s assent, the 27th Constitutional Amendment has now become law, marking a significant shift in Pakistan’s civil-military and judicial framework.