Pakistan’s 27th Amendment reshapes judiciary and military hierarchy

Pakistan’s political and legal circles are abuzz over the recently passed 27th Constitutional Amendment, which grants sweeping powers and lifetime immunities to the country’s top civilian and military leaders.

The amendment gives the president lifetime immunity from all legal cases, effectively shielding President Asif Ali Zardari from ongoing and future corruption proceedings. Previously, the 26th amendment had ensured that presidential, prime ministerial, and cabinet advice could not be challenged in court, limiting judicial oversight.

Under the 27th amendment, the newly created position of Field Marshal also receives constitutional immunity similar to the president. The rank, uniform, and privileges of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet will now be retained for life. Meanwhile, the positions of chairman of the Joint Chiefs of Staff Committee and army chief are merged into a single role, giving the army chief command over all three forces.

The amendment also restructures Pakistan’s judiciary. Supreme Court powers have largely shifted to the newly established Federal Constitutional Court (FCC), which now holds authority over all constitutional matters. Supreme Court jurisdiction is limited to appellate responsibilities. The retirement age for FCC judges has been extended by three years, and the president can transfer high court judges without their consent; refusal would trigger automatic retirement.

Pakistan’s 1973 constitution has undergone numerous changes over five decades. Analysts note parallels with past amendments, including General Zia-ul-Haq’s 8th amendment, which gave presidents broad powers, and the 17th and 18th amendments under General Pervez Musharraf and the PPP, which alternately strengthened and limited presidential authority. Experts argue the 26th and now the 27th amendments primarily bolster the country’s leadership while offering little direct relief to ordinary citizens.

The latest constitutional changes underscore an unprecedented alignment among Pakistan’s civil, military, and judicial leadership, raising questions about the balance of power in the country’s governance.