Pakistan's 27th Constitutional Amendment: How Asim Munir's Army Gains Unprecedented Power Over the State

The Pakistan government has introduced the 27th Constitutional Amendment Bill which provides extensive authority to General Asim Munir, the country's Army Chief.

Under these constitutional modifications approved by Pakistan's Senate, Munir will assume complete command of the military forces with the new designation of Chief of Defence Forces.

The amendment, which passed through the Senate on Monday, aims to revise Article 243 of Pakistan's constitution.

The current Article 243 stipulates that "the Federal Government shall have control and command of the Armed Forces" and "the Supreme Command of the Armed Forces shall vest in the President," among other provisions.

However, the new bill transfers control from the president and cabinet directly to the Chief of Defence Forces.

Government officials expressed confidence in having sufficient parliamentary support to approve these constitutional changes, which were unusually introduced in the Senate over the weekend. The amendment requires a two-thirds majority in both parliamentary houses—the Senate and National Assembly.

Additionally, constitutional cases would no longer fall under Supreme Court jurisdiction but would instead be heard by a newly established Federal Constitutional Court, with judges appointed by the government. In recent years, the Supreme Court has occasionally blocked government policies and removed prime ministers from office.

This current initiative bears similarities to the changes implemented by General Zia-ul-Haq, as it positions the military at the core of Pakistan's political landscape.

Pakistan has experienced three military coups led by generals throughout its history. The first was conducted by Ayub Khan in 1958, followed by Zia-ul-Haq in 1977, and Pervez Musharraf in 1999. While previous coups involved overthrowing civilian governments, Munir has effectively made Prime Minister Shehbaz Sharif a participant in this power shift.

Though the military already wields significant influence, these new changes will provide constitutional support for its authority, making future reversals considerably difficult.

"This amendment appears tailored to benefit a specific individual rather than to strengthen the defence structure," stated Lt Gen Asif Yasin Malik, a former defence secretary, in an interview with Dawn newspaper.

Former human rights minister Shireen Mazari told Dawn, "Effectively, all nuclear weapons and delivery systems will be under the army's control, including second-strike missiles which normally fall under naval command. This could lead to command-and-control problems and time delays, especially in a warlike situation."

According to TOLO News, a Kabul-based media organization, the amendment also provides top generals like Munir immunity from legal proceedings.

Pakistani Defence Minister Khawaja Asif informed Geo News that "defence requirements have evolved" and that there was "mutual consultation" between the government and military authorities.

"The amendment serves as a tool for the ruling coalition to bulldoze institutional checks and balances, silence the opposition, restrict fundamental rights, and concentrate power in its own hands," PTI spokesman for international media, Zulfi Bukhari, told Reuters.

Munir was elevated from General to Field Marshal following the May conflict with India. Law Minister Azam Tarar stated on Saturday that this rank would receive constitutional protection "because he is the hero of the whole nation".