Pakistan’s democracy is under threat after the Shehbaz Sharif government, on Saturday, proposed the controversial 27th Constitutional Amendment.
This after Pakistan’s opposition parties believe the amendment will further strengthen the Pakistan military’s powers whilst simultaneously dismantling those of the Supreme Court, amongst others.
The amendment, tabled by Law Minister Azam Nazir Tarar, proposes two sweeping changes to the country’s power dynamics.
One - it proposes the creation of a new and powerful post of Chief of Defence Forces (CDF) to be held by Pak’s Army Chief and Trump’s ‘favourite’ Field Marshal - Asim Munir. The CDF post will not only grant Munir lifetime immunity from prosecution but also makes him the constitutionally recognised head of the Army, Navy, and Air Force.
What’s worse is that the amendment also seeks to establish a Federal Constitutional Court (FCC). The FCC would supersede Pak’s Supreme Court after assuming some of its powers, such as constitutional interpretation and adjudication of disputes between federal and provincial authorities.
Legal experts warned that the move would effectively reduce the Supreme Court to a “Supreme District Court”, with limited jurisdiction over ordinary civil, criminal, and statutory appeals. Furthermore, it proposes changes to the appointment process for high court judges and surprise-surprise - grant the President lifetime immunity from criminal proceedings.
Pakistan’s multi-party opposition alliance,the Tehreek-e-Tahaffuz-e-Ayeen-e-Pakistan (TTAP), criticised the move and warned that such a move would shake the very foundations of the Constitution and undermine democratic institutions. Opposition leaders have thus called for nationwide protests, urging citizens to rise against the changes, calling it extremely dark and dangerous.
Meanwhile, the ruling-Sharif government is feigning innocence. It claims the amendment will separate constitutional and appellate jurisdictions, reduce case backlogs, and bring Pakistan’s judiciary in line with modern systems in other democracies. The opposition argues that Asim Munir is so terrified of his own misdeeds that he is erecting a protective wall around himself.
The bill has been referred to a committee for further discussion and is expected to be brought up for a vote as early as Monday. Worryingly, the Sharif-led ruling alliance claims to have already secured the two-thirds parliamentary majority required for constitutional changes.
