The Pakistani government has triggered nationwide controversy with a sweeping constitutional amendment that proposes fundamental changes to the country's military structure and judicial system. The proposed 27th constitutional amendment, scheduled for parliamentary voting next week, has drawn fierce opposition from political rivals and sparked legal debates across the nation.
Military Restructuring Creates Powerful New Position
Following cabinet approval, the bill was formally presented in the Senate on Saturday. The legislation proposes abolishing the position of chairman joint chiefs of staff committee (CJCSC) and replacing it with a more powerful chief of defence forces (CDF). According to reports in Dawn newspaper, this new position would be automatically held by the serving chief of army staff, who would become the constitutional head of all three armed forces - army, navy, and air force.
This change would effectively make General Asim Munir the most powerful military officer in Pakistan's history, formally cementing his recent elevation to the rank of Field Marshal. The restructuring represents the most significant shift in Pakistan's military command structure in decades.
Judicial Overhaul and Presidential Immunity
The constitutional amendment extends beyond military reforms to include substantial changes to Pakistan's judicial system. The proposal includes establishing a new federal constitutional court (FCC) while altering the appointment process for high court judges. The amendment seeks to transfer certain powers from the Supreme Court to this new constitutional court.
In a controversial move, the legislation also grants the president lifelong immunity from criminal prosecution, a provision that has raised concerns among legal experts and opposition parties about accountability and democratic norms.
Pakistan's law minister Azam Nazir Tarar presented the bill in the senate, where chairman Yusuf Raza Gilani referred it to a committee led by Farooq Naek for detailed review. Naek stated the committee aims to build consensus among members before the scheduled voting on Monday. The government expresses confidence in securing the required two-thirds majority in both the senate and national assembly.
Nationwide Opposition and Legal Divisions
Opposition parties have launched strong resistance to the amendment, labeling it a direct assault on Pakistan's Constitution. A coalition of opposition groups called Tehreek-e-Tahafuz Ayeen-e-Pakistan (TTAP), which includes Imran Khan's PTI, Majlis Wahdat-e-Muslimeen (MWM), Pashtunkhwa Milli Awami Party (PkMAP), Balochistan National Party-Mengal (BNP-M) and Sunni Ittehad Council (SIC), has announced nationwide protests beginning Sunday.
MWM chief Allama Raja Nasir Abbas declared that democratic institutions have been paralyzed within Pakistan and called for national resistance against the proposed amendment. PkMAP leader Mahmood Khan Achakzai stated protests would begin with the slogan Long live democracy, down with dictatorship, warning that the government's move is shaking the constitutional foundations.
Legal experts remain deeply divided about the amendment's implications. Critics argue it would significantly reduce Supreme Court powers, making the apex court irrelevant while strengthening executive control over judiciary. One senior counsel told Dawn that with limited jurisdiction over ordinary civil and criminal appeals, the Supreme Court risks becoming little more than a Supreme District Court.
Former additional attorney general Tariq Mehmood Khokhar warned that the changes would empower the new Federal Constitutional Court by disempowering the Supreme Court. He also noted the amendment gives constitutional authority for life to the Chief of Defence Forces, formally recognizing the Field Marshal rank.
Another legal expert highlighted that under the new Article 175A, the chief justice of the Federal Constitutional Court would outrank the chief justice of Pakistan's Supreme Court and serve until age 68 - three years beyond the current retirement age of 65.
Support for Constitutional Reforms
Despite widespread criticism, some legal experts have welcomed the proposed changes. Senior counsel Hafiz Ahsaan Ahmad Khokhar described the 27th Amendment as a major and long-awaited structural shift in Pakistan's justice system.
He argued that having two separate apex courts - one for appeals (Supreme Court) and another for constitutional cases (FCC) - could bring greater clarity, efficiency and constitutional coherence. The reforms might reduce political influence in judiciary, decrease case backlogs, and modernize the justice system.
Khokhar added that the new defence structure under Article 243 aligns with modern constitutional democracies, ensuring armed forces operate under a single advisory framework accountable to the prime minister, defence minister and National Security Committee.
Newly elected Supreme Court Bar Association President Haroonur Rasheed also supported creating a Federal Constitutional Court, suggesting it could help streamline judicial processes.
The current constitutional move draws parallels with General Zia-ul-Haq's era, Pakistan's longest-serving de facto ruler who implemented extensive constitutional changes to embed military control under civilian appearance. The proposed 27th Amendment risks reviving that legacy by potentially placing armed forces back at the center of Pakistan's political structure.
