- The 27th Constitutional Amendment grants Pak's Army Chief overall military command as Chief of Defence Forces
- A new Federal Constitutional Court will replace the Supreme Court for constitutional cases
- The amendment grants immunity to top generals and constitutional backing to military power
The Pakistan government's 27th Constitutional Amendment Bill grants sweeping powers to the country's Army Chief, Asim Munir. Under the constitutional changes passed by the upper house of parliament, Munir will take overall command of the military. His new position will be Chief of Defence Forces.
The amendment, which was passed by the Senate on Monday, seeks to change Article 243 of the Pakistan constitution.
Currently, Article 243 states that "the Federal Government shall have control and command of the Armed Forces" and "the Supreme Command of the Armed Forces shall vest in the President," among other things.
However, the bill shifts control from the president and cabinet to the Chief of Defence Forces.
The government said it was confident it had the numbers in parliament to approve the constitutional changes, which were unusually introduced to the Senate over the weekend. A two-thirds majority is required in the two houses that make up the parliament, the Senate and National Assembly.
Constitutional cases would no longer be heard by the Supreme Court but by a new Federal Constitutional Court, with judges appointed by the government. In recent years, the Supreme Court has, at times, blocked government policies and ousted prime ministers.
The current move is reminiscent of the changes made by General Zia-ul-Haq, as it places the armed forces at the centre of Pakistan's politics.
There have been three military coups by generals in Pakistan so far. The first was by Ayub Khan in 1958, Zia-ul-Haq in 1977 and Pervez Musharraf in 1999. Although the past coups had taken place by toppling civilian regimes, Munir has turned Shehbaz Sharif into an accomplice.
Although the military already has extensive power, the new changes will give it constitutional backing, which would not be easy to reverse.
"This amendment appears tailored to benefit a specific individual rather than to strengthen the defence structure," Lt Gen Asif Yasin Malik, a former defence secretary, told the Dawn, a Pakistani newspaper.
The former human rights minister Shireen Mazari told Dawn that, "Effectively, all nuclear weapons and delivery systems will be under the army's control, including second-strike missiles which normally fall under naval command. This could lead to command-and-control problems and time delays, especially in a warlike situation."
According to a report by TOLO News, a Kabul-based media outlet, the amendment grants top generals like Munir immunity from legal proceedings.
Pakistani Defence Minister Khawaja Asif told Geo News that the "defence requirements have evolved" and that there was "mutual consultation" between the government and the military.
"The amendment serves as a tool for the ruling coalition to bulldoze institutional checks and balances, silence the opposition, restrict fundamental rights, and concentrate power in its own hands," PTI's spokesman for international media, Zulfi Bukhari, told Reuters.
Munir was promoted from General to Field Marshal after the May conflict with India. Law Minister Azam Tarar said on Saturday the rank would be given constitutional protection "because he is the hero of the whole nation".
(With inputs from agencies)
