A constitutional reset that empowers the army chief
Pakistan has entered a new phase in its civil military balance. A sweeping constitutional amendment, billed as the Twenty Seventh, elevates Field Marshal Asim Munir to command all three armed services, grants him lifelong immunity from criminal prosecution, and reshapes the top tier of the judiciary. Supporters in government frame the changes as modernization for a country in a tough neighborhood, where fast military coordination and a streamlined court system are said to be vital. Critics across the political spectrum and within the legal fraternity say the move cements military primacy at the expense of elected institutions. The measure has also drawn concern from international rights officials who warn that accountability and judicial independence are at risk.
- A constitutional reset that empowers the army chief
- What the Twenty Seventh changes in the military chain of command
- Judiciary overhaul and the new constitutional court
- How the measure raced through parliament
- Supporters say modernization, critics see a funeral for democracy
- Munir’s rise, from May conflict to five star rank
- Opposition squeeze and a broader crackdown
- Regional and economic stakes
- What checks and balances remain
- Key Points
At the core is a new post, chief of defence forces, to be held by the sitting army chief. This gives Munir formal authority over the army, navy and air force. The post replaces the traditional arrangement in which the army, air force, and navy chiefs had roughly co equal standing, with a separate chairman of the joint chiefs acting as coordinator. The amendment also confers lifetime rank and privileges on officers elevated to five star status, a category that now includes Munir. It resets his tenure through the new post and builds in protections that make removal far harder than for civilian leaders.
The judiciary faces a fundamental reordering. A Federal Constitutional Court will take over constitutional adjudication, a power long held by the Supreme Court. Judges for the new court will be appointed by the president, initially on the advice of the prime minister, before a commission with a strong executive and legislative footprint assumes a larger role. Several Supreme Court justices resigned in protest, arguing the move weakens the only remaining check on executive power. Lawyers say new provisions allowing transfers of judges without their consent could chill independent decision making.
What the Twenty Seventh changes in the military chain of command
The amendment creates a unified command under the chief of defence forces, a role that consolidates the air and naval commands beneath the army chief. The post of chairman of the joint chiefs is abolished. Five star officers retain rank, uniform, and privileges for life and receive broad immunity from criminal prosecution even after leaving active service. Munir, already promoted to field marshal after Pakistan’s brief armed clashes with India in May, is the immediate beneficiary. The new arrangement can reset his clock for a fresh five year term through 2030, placing him in a position to shape national policy well into the next election cycle.
Why this matters for nuclear oversight
Pakistan’s nuclear command architecture also shifts. The amendment identifies a commander of the National Strategic Command, responsible for the atomic arsenal and strategic forces. The commander is to be appointed from the army, reinforcing the army chief’s primacy in nuclear decision making. Backers argue that modern war requires an integrated command across land, sea, air, and strategic assets. Critics fear that concentrating control in one office reduces internal checks that previously existed between services and civilian overseers.
Judiciary overhaul and the new constitutional court
The new Federal Constitutional Court will sit above the Supreme Court on constitutional questions and intergovernmental disputes. The Supreme Court will largely hear criminal and civil matters and act as an appellate body. Government officials say the separation of functions will reduce backlogs and speed up justice. Lawyers and judges counter that changing who appoints and transfers judges risks executive influence over sensitive cases, from election disputes to military accountability. Two Supreme Court judges resigned after the amendment was signed, citing threats to judicial independence. Legal groups say judges can now be reassigned without consent, a change that can be used as pressure.
Salahuddin Ahmed, a leading constitutional lawyer, warned that placing a politically appointed court above the Supreme Court guts a hard won safeguard.
It completely destroys any notion of independence in the judiciary in Pakistan, and sets the country on the way to a lifelong dictatorship.
Debate over the court’s reach also intersects with the scope of immunity. The text gives five star officers absolute immunity from criminal proceedings for life. Legal scholars point out that this appears broader than protections for the president, and could neuter provisions that once deterred unconstitutional actions.
How the measure raced through parliament
The path from cabinet approval to presidential assent was unusually fast. The cabinet cleared the bill in early November. It was introduced in the Senate over a weekend and passed within hours after most opposition lawmakers walked out. The National Assembly endorsed it two days later with a two thirds majority, a threshold required for constitutional change. Only a handful of members voted against. The president signed soon after, completing the process. Pakistan’s largest opposition force, the Pakistan Tehreek e Insaf of jailed former prime minister Imran Khan, boycotted the vote. The speed of passage, the limited debate, and the absence of broad consultation with the legal community sharpened complaints that the process sidelined public scrutiny.
For many analysts, the rush reflected the dependence of the ruling coalition on military backing. Civil society groups called the bill a constitutional coup. Government allies insisted parliament had dealt with a national security necessity and promised follow up legislation to guide appointments and procedures for the new court.
Supporters say modernization, critics see a funeral for democracy
Officials defend the changes as overdue reform. They cite lessons from the May clashes with India to argue that unified command would avoid inter service duplication and speed up response. They add that constitutional cases have monopolized the Supreme Court’s docket, delaying ordinary justice for citizens and businesses. The information ministry has said the amendments are meant to improve governance, strengthen coordination between the federal government and the provinces, and improve defence capability.
Pakistan’s government rejected a warning from the United Nations human rights chief, Volker Turk, who said the amendment was rushed and undermines judicial independence. In a formal response, Islamabad framed the debate as an internal legislative matter.
All legislation and constitutional amendments are the exclusive domain of Pakistan’s elected representatives.
Scholars and lawyers voiced sharper concerns about concentrating authority in one unelected office. Aqil Shah, an adjunct associate professor at Georgetown University and author of a study on military politics in Pakistan, said the package entrenches the army chief’s power within the constitutional order.
The immunity granted makes a mockery of the principle of civilian supremacy by placing him above all reproach. It substantially weakens the only remaining check on executive power.
Human rights advocates add that lifetime immunity for the field marshal and a stronger executive hand in judicial appointments set a precedent that weakens accountability across the state, not just the military.
Munir’s rise, from May conflict to five star rank
Asim Munir’s standing has climbed steadily since he became army chief in late 2022. Public esteem rose after border clashes with India in May, when Pakistan’s security establishment claimed a tactical victory. Soon after, Munir received his fifth star, reviving a rank that carries enormous influence in Pakistan’s political culture. The new amendment transforms that rank from honorific into a constitutional office with lifetime privileges, which locks in his centrality in the state’s command structure.
Munir has also cultivated an international profile. He met United States President Donald Trump twice at the White House, an unusual level of access for a serving military chief. The government credits him with helping conclude a defence pact with Saudi Arabia, ending a period of diplomatic coolness and opening doors for military and economic cooperation. He has presented himself as a champion of national sovereignty and a guardian of internal order. Admirers say this stature helps Pakistan secure support in a turbulent region. Detractors worry it blurs the line between elected statecraft and military leadership.
Opposition squeeze and a broader crackdown
The amendment arrives amid a sustained squeeze on the opposition. Imran Khan has been in prison for more than two years and faces multiple cases. Many senior figures from his party remain in custody. Security services have pursued cases against officers seen as involved in politics. In a rare step, a military court sentenced former intelligence chief Lt. Gen. Faiz Hameed to 14 years for corruption, political meddling, and misuse of authority. The verdict signaled an internal reset, consolidating command under Munir while removing rivals.
With the new constitutional court in place and the Supreme Court scaled back from its traditional role in constitutional interpretation, politically sensitive cases will likely be heard in a forum closer to the executive. Opposition leaders say this will tilt the electoral playing field and limit avenues to challenge detentions or bans.
Regional and economic stakes
Regional rivals have seized on the changes. At the United Nations, India’s envoy criticized Pakistan for granting lifetime immunity to Munir while jailing a former prime minister, using the moment to press its case on Kashmir. Tensions with Afghanistan have also deepened over the presence of Pakistani Taliban leaders across the border. Baloch separatists remain active, and violence in Khyber Pakhtunkhwa has ticked up. Munir has taken a harder public line, warning insurgent groups and urging Kabul to act or face decisive responses. With greater central control of Pakistan’s armed forces and nuclear command, policy choices in future crises may tilt toward harder security options unless civilians regain space in decision making.
Economically, Pakistan still wrestles with low growth, tight external financing, and repeated International Monetary Fund programs. Investors look for predictability in policy and the rule of law. Some see short term stability in a more centralized state. Others fear that weakening institutions and curbing judicial review raise governance risks that can deter investment. Military rulers in Pakistan have sometimes delivered near term order but struggled when economic pressures intensified. History suggests that prolonged concentration of power invites political blowback if living conditions do not improve.
What checks and balances remain
Pakistan’s system has long mixed civilian cabinets with a powerful security establishment, a model often called hybrid rule. The amendment shifts that balance further. The chief of defence forces outranks service chiefs and, as a five star officer, enjoys immunity that makes courtroom accountability impossible. The only path to removal is a political one. Parliament would have to reach a high threshold to unseat him while a prime minister can be removed by a simple majority. This asymmetry gives the army chief staying power that elected leaders do not have.
The change could also affect inter service relationships. Navy and air force officers lose standing relative to the army, which may cause friction if promotions and procurement decisions become even more army centric. The new court structure could limit legal avenues for dissenting officers or civilians to challenge decisions. A reversal would be difficult without a broad political consensus, which is lacking. For now, the amendment formalizes what many Pakistanis long believed, that ultimate authority rests with the military leadership rather than elected politicians.
Key Points
- The Twenty Seventh amendment elevates Asim Munir to chief of defence forces, giving him command over the army, navy, and air force.
- Five star officers, including Munir, receive lifelong immunity from criminal prosecution and retain rank and privileges for life.
- A new Federal Constitutional Court will handle constitutional questions, reducing the Supreme Court’s role and drawing protests from judges and lawyers.
- The bill moved through parliament at speed with a two thirds majority, after opposition lawmakers boycotted proceedings.
- Government officials say the changes modernize command structures and relieve court backlogs, while critics warn of a slide toward autocracy.
- Munir’s influence grew after clashes with India and a promotion to field marshal, alongside high profile engagement with Washington and Riyadh.
- Opposition leaders, including Imran Khan, remain jailed, and a former intelligence chief received a rare military court conviction.
- Regional tensions with India and Afghanistan persist, insurgencies are active, and economic stress could test the durability of centralized control.