Islamabad: Pakistan’s Senate has passed the contentious 27th Constitutional Amendment Bill, a sweeping legislative move that restructures the country’s power balance between the military, judiciary and civilian government. The amendment, which now awaits approval from the National Assembly, effectively elevates Army Chief General Asim Munir to the newly created position of Chief of Defence Forces – placing him at the apex of Pakistan’s command structure. 

Sweeping military powers for Munir

The Senate, led by Chairman Yusuf Raza Gilani, approved the amendment on Monday following days of uproar and opposition protests. The bill, introduced by Law Minister Azam Nazeer Tarar, passed with a two-thirds majority of 64 votes after gaining support from two opposition senators.

Under the revised framework, the President will appoint both the Chief of the Defence Forces and the Army Chief based on the Prime Minister’s advice, consolidating authority around the executive and military leadership. The amendment also abolishes the position of Chairman of the Joint Chiefs of Staff Committee, whose tenure will formally end on November 27, 2025.

According to the bill, the Chief of Defence Forces – a position to be held by General Munir – will oversee the National Strategic Command, whose head will be appointed in consultation with the Prime Minister. The head of the command will be selected from the Pakistan Army, thereby cementing the army’s control over the country’s nuclear assets and defence planning.

Lifetime field Marshal rank

Among the most controversial provisions is the clause granting the serving army chief a lifetime Field Marshal rank, making Munir the first Pakistani officer to constitutionally hold such a post. The rank comes with lifetime privileges, including salary, honours and immunity from legal proceedings except through impeachment in parliament.

This legal codification, as Reuters reported, establishes a five-star rank across all armed forces, sparking fears of what critics call a “military aristocracy.” The law minister justified the move, saying the rank was being protected constitutionally “because he is the hero of the whole nation.”

Munir, who was promoted following the May conflict with India, has been hailed by allies – and, according to reports, even once described by US President Donald Trump as his “favourite Field Marshal.”

A new court to replace the Supreme Court’s role

Equally transformative is the amendment’s proposal to create a Federal Constitutional Court (FCC), which would take over cases related to constitutional matters and fundamental rights – functions previously under the Supreme Court’s jurisdiction. The Supreme Court would remain only as an appellate body for civil and criminal cases, losing its power to initiate suo motu actions.

Opposition figures and legal experts say this move strips the judiciary of its independence. PTI secretary general Salman Akram Raja accused the government of “decimating the judiciary” by introducing a parallel system. Senator Ali Zafar warned it would “destroy the independence of the judiciary” and “create friction between the federation and provinces.”

The government maintains the changes are part of its plan to “improve judicial efficiency.” Deputy Prime Minister Ishaq Dar described the amendment as the “unfinished agenda” of the 2006 Charter of Democracy, claiming it would restore balance among institutions.

Opposition walkout and street protests

Monday’s Senate session was marked by intense opposition demonstrations. Lawmakers from the Pakistan Tehreek-e-Insaf (PTI), led by Imran Khan, shouted slogans, tore copies of the bill and hurled them toward the law minister during the debate. Many opposition members walked out before the final vote, accusing the ruling coalition of bulldozing constitutional checks and balances.

PTI’s international spokesman Zulfi Bukhari told Reuters that “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.”

Diminishing civilian oversight

The amendment also revises Article 243 of Pakistan’s constitution, transferring control of the armed forces from the president and federal cabinet to the Chief of Defence Forces. Previously, Article 243 stated 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.” The revised clause, however, grants direct authority to Munir – a shift that critics say formalises military supremacy over the state.

Former defence secretary Lt Gen Asif Yasin Malik told Dawn that “this amendment appears tailored to benefit a specific individual rather than to strengthen the defence structure.”

Former human rights minister Shireen Mazari also warned Dawn that “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 Kabul-based TOLO News, the bill additionally grants top generals, including Munir, immunity from legal proceedings.

A return to military dominance

Pakistan’s political history is marked by three major coups – by Generals Ayub Khan in 1958, Zia-ul-Haq in 1977, and Pervez Musharraf in 1999 – each reshaping the nation’s governance. The latest amendment, analysts say, revives elements of Zia’s military order by embedding army dominance into the constitution itself.

While the military has long held substantial influence over Pakistan’s politics, the 27th Amendment gives that influence permanent constitutional recognition, making it far more difficult for future governments to reverse.

Political analysts say Prime Minister Shehbaz Sharif’s government has effectively partnered with the military in enacting one of the most far-reaching constitutional overhauls in Pakistan’s history – one that places Asim Munir’s army above the state itself.

(With inputs from agencies)