Pakistan Grants Army Chief Lifetime Immunity & Expanded Powers

Pakistan’s parliament has enacted a significant constitutional amendment, granting the army chief lifetime legal immunity and substantially expanding their authority. This move, which also curtails the Supreme Court’s powers, has drawn sharp criticism from opposition parties who decry it as a blow to democratic principles and judicial independence. The 27th Constitutional Amendment Bill sailed through the National Assembly with a commanding two-thirds majority, followed by earlier approval in the Senate. President Asif Ali Zardari is expected to give his formal assent. A key aspect of the amendment elevates the Chief of Army Staff (COAS) to the title of Chief of Defence Forces (CDF), making the army chief the supreme commander of all military branches: army, navy, and air force. This unprecedented constitutional role solidifies the current army chief’s position as the most powerful military leader in Pakistan’s history. Additionally, honorary military titles will now be permanent, even post-retirement. The amendment also introduces a Federal Constitutional Court (FCC) to handle constitutional matters, thereby diminishing the Supreme Court’s jurisdiction. The appointment of FCC judges will be government-controlled, and its rulings will operate independently of the Supreme Court. This restructuring redefines the Chief Justice of Pakistan title, with future incumbents being the senior-most judge across both the Supreme Court and the FCC. Notably, the FCC will be prohibited from reviewing acts of high treason, a provision that critics argue offers protection to military and state institutions from accountability. The opposition, particularly PTI, has vehemently opposed the bill, staging a protest and accusing the government of undermining democracy. However, Prime Minister Shehbaz Sharif has hailed the vote as a display of national unity.