Pakistan's Constitutional Crisis: How Military Power Returns Amid Democracy

The amendment, a Greek City Times report stated, aims to restructure Pakistan's military command, curtail the independence of judiciary and centralise executive control, the structure that promises to further exacerbate governance challenges in an already fragile political landscape.

"The 27th Amendment to Pakistan's Constitution is poised to be a profoundly destabilizing development for the country's democratic governance, effectively empowering the military to a level reminiscent of General Pervez Musharraf's era," the Greek City Times report highlighted.

At its core, the 27th Amendment proposes to institutionalise a new office of Chief of Defence Forces (CDF), merging the role with the Army Chief's position and granting constitutional power to the military leadership.

"Unlike previous arrangements in which the President, on the Prime Minister's advice, appointed service chiefs with limited tenure based on government confidence, this amendment grants the Chief of Defence Forces life tenure, is recognized constitutionally as a field marshal with immunity from legal or political removal, and is constitutionally recognized as the Chief of Defence Forces," it mentioned.

"This effectively places the military supremo above civilian political authority, eliminating checks and balances familiar in democratic systems. The CDF will hold authority over appointments within the armed forces, including paramilitary agencies and intelligence services, centralizing command in a way that echoes the military dominance of Musharraf's period after the 1999 coup, when the army chief effectively ran the country under the guise of civilian rule," the report added.

The amendment creates a newly set up Federal Constitutional Court (FCC) to assume many of the powers presently held by Pakistan's Supreme Court. This court will act as the highest constitutional authority, with its chief justice enjoying long tenure and having rank above the Supreme Court's chief justice. Furthermore, the amendment shifts the appointment and transfers powers of judges to the executive branch, particularly Prime Minister's Office, thereby politicising appointments of judiciary and enabling the ruling party to influence the courts.

"The parallels with Musharraf's tenure are particularly visible. Musharraf's military takeover was marked by constitutional violations justified under the 'doctrine of necessity' where the military imposed itself as the ultimate political authority while maintaining a façade of civilian governance. The 27th Amendment enshrines this supremacy constitutionally without the need for a coup, elevating the Chief of the Defence Forces above civilian institutions permanently and granting immunity from any political or legal challenges. Essentially, it crafts a legal framework for military dominance that Musharraf achieved through force, now set to be sanctioned by parliamentary approval," the report emphasised.

The opposition in Pakistan have launched protests against the 27th Amendment, calling it as a direct and dangerous assault on the constitution of the country. The protests led by the multi-party alliance Tehreek-e-Tahafuz Ayeen-e-Pakistan (TTAP), which includes prominent parties like Pakistan Tehreek-e-Insaf (PTI) and Pashtunkhwa Milli Awami Party (PkMAP) include strong slogans like "Long live democracy, down with dictatorship".

Analysts reckon that Pakistan's 27th Constitutional Amendment represents a clear step toward reinforcing military supremacy akin to the Musharraf era, legalized through constitutional mechanisms rather than overt military takeover.

"This structural recalibration disrupts democratic checks and balances by diluting the judiciary's role, consolidating military authority, and undermining provincial autonomy and electoral fairness. The governance landscape, already fragile due to political fragmentation, judicial interference, and institutional weaknesses, faces exacerbated instability and authoritarian consolidation," the report concluded.

- IANS