Pakistan has taken a historic and controversial step by approving a constitutional amendment granting lifetime immunity to the country’s president and the current army chief. Critics warn that this move significantly undermines democratic institutions and judicial independence, raising concerns about the consolidation of power in Pakistan’s military.

Overview of the 27th Constitutional Amendment

On Thursday, Pakistan’s parliament passed the 27th amendment with a two-thirds majority, a sweeping change that reshapes the balance of power between civilian and military authorities. Key provisions include:

• Lifetime immunity for the President and Army Chief: Both the sitting president and army chief will now be shielded from criminal prosecution for life.
• Creation of the Chief of Defence Forces role: The amendment centralizes control over the army, air force, and navy under a single military leader.
• Federal Constitutional Court established: The new court assumes exclusive jurisdiction over constitutional cases, reducing the Supreme Court’s original powers.

The law was signed by President Asif Ali Zardari shortly after the parliamentary vote.

Lifetime Protections for Military Leaders

The amendment grants Field Marshal Asim Munir, promoted after Pakistan’s clash with India in May, command over all branches of the military. Under the new rules, any officer promoted to field marshal, marshal of the air force, or admiral of the fleet will retain rank and privileges for life, remain in uniform, and enjoy immunity from criminal proceedings. Previously, such protections were reserved solely for the head of state.

Critics argue that these measures remove civilian oversight and disrupt the traditional military hierarchy, where all service chiefs were considered equal under the joint chief system.

Political and Legal Reactions

Opposition parties, led by the Pakistan Tehreek-e-Insaf (PTI), have strongly condemned the amendment. PTI spokesperson Sayed Zulfiqar Bukhari called it “the final nail in the coffin of an independent judiciary and a functioning democracy,” while PTI secretary-general Salman Akram Raja described it as “deeply undemocratic at its core.”

Concerns include:

• Courts being barred from questioning any constitutional change “on any ground whatsoever.”
• The president gaining the power to transfer High Court judges based on Judicial Commission recommendations, which critics warn could be used to sideline dissenting judges.

Implications for Pakistan’s Democracy

Pakistan, a nuclear-armed country with a population exceeding 250 million, has historically struggled to maintain a balance between civilian governance and military influence. The amendment is seen as a significant step toward authoritarianism, concentrating political and military power while weakening judicial and democratic checks.

President Zardari, who has faced multiple graft cases in the past, now enjoys immunity from prosecution, although this does not apply if a former president later holds another public office.

Legislative Process and Approval

The bill initially passed the Senate on Monday, underwent minor revisions, and was subsequently approved by the National Assembly before final passage in the upper house. Senate Chairman Yusuf Raza Gilani confirmed the motion passed with 64 votes in favor and 4 against.

This amendment represents one of the most significant shifts in Pakistan’s governance framework in recent decades, redefining civil-military relations and altering the landscape of the country’s judicial and constitutional authority.