Pakistan's 27th Amendment: Field Marshal Asim Munir's Constitutional Consolidation of Power
Pakistan's political dynamics have once again ignited debate following the emergence of discussions around the proposed 27th Constitutional Amendment. This amendment is expected to bring significant changes to the judiciary, reallocate financial resources, and modify the command structure of the armed forces. Analysts suggest that these changes could centralize power under Field Marshal Asim Munir in ways reminiscent of the era of General Pervez Musharraf.
The 27th Amendment: What It Proposes
Reports indicate that the 27th Amendment is set to introduce major reforms in three critical areas:
| Area | Proposed Change |
|---|---|
| Judiciary | Creation of a Constitutional Court and enabling top judicial authorities to transfer judges without their consent. |
| Financial Federalism | Modifying the National Finance Commission (NFC) award to diminish provincial financial independence. |
| Military Control | Amending Article 243 of the 1973 Constitution to change the command structure of the armed forces. |
The proposal gained public attention after President Asif Ali Zardari and Bilawal Bhutto-Zardari conferred with Prime Minister Shahbaz Sharif and his PML-N team. Post-meeting, Bilawal confirmed that discussions on constitutional "adjustments" concerning the judiciary and provincial resource allocation had commenced.
Why the Military Opposes the 18th Amendment
The ongoing debate is centered around the 18th Amendment, enacted in 2010, which shifted significant financial and administrative powers from the federal level to the provinces. This decentralization, aimed at fortifying Pakistan's federal structure, has long been a point of contention for the military.
Former army chief General Qamar Javed Bajwa likened the 18th Amendment to Sheikh Mujibur Rahman's six-point plan, which steered East Pakistan toward independence, calling it "more dangerous."
The military's unease is attributed to its restricted control over provincial finances. As defense spending increases, the army faces financial limitations from the federal government, which has less fiscal capacity due to the provinces' share in the NFC award.
Political analyst Arifa Noor noted that the 18th Amendment also disrupted traditional political dynamics. With provinces managing their own budgets, anti-incumbency voting weakened, allowing parties like the PPP in Sindh and PTI in Khyber Pakhtunkhwa to maintain strong bases, complicating the military's ability to orchestrate frequent political shifts.
Munir’s Power Play: From Army Chief to Field Marshal
Unlike past generals, Field Marshal Asim Munir is seen as likely to reestablish military influence through constitutional avenues rather than direct coups.
With the PML-N and PPP leadership seemingly aligned with him and the PTI lacking strength, Munir encounters minimal political resistance. However, any attempt to revise the NFC formula may face opposition from provincial administrations, especially in Sindh and Khyber Pakhtunkhwa, where the 18th Amendment is widely supported.
Observers speculate that Munir aims to institutionalize military authority under a civilian guise, a strategy some refer to as "Musharraf 2.0."
Restructuring the Judiciary: From Watchdog to Tool
The 27th Amendment reportedly seeks to empower the Supreme Judicial Council to reassign judges without their agreement. This would disrupt the customary practice of consulting judges prior to their transfer—a move that critics argue could turn the judiciary into a bureaucratic entity rather than an independent institution.
Additionally, the formation of a new Constitutional Court would mean constitutional cases, including those related to human rights or executive limitations, would be adjudicated by a select group of judges. Critics caution that this could marginalize judges with independent views and restore the judiciary's subservient role, reminiscent of its function during the 1980s and 1990s under military rule.
The Return of Centralised Command
The 27th Amendment's most contentious aspect involves plans to centralize control over the armed forces under a unified command structure.
Journalist Asma Shirazi suggests that the amendment could introduce a new role similar to India's Chief of Defence Staff (CDS) to oversee all military branches. Field Marshal Munir might assume this position while continuing as Army Chief, granting him unprecedented sway over Pakistan's military framework until at least 2030.
This approach would emulate earlier attempts, like Zulfiqar Ali Bhutto's establishment of the Joint Chiefs of Staff Committee (JCSC) in the late 1970s, aimed at enhancing inter-service coordination. However, that body lost significance once the army assumed direct control in 1977.
If such a concentration of power is enacted, Munir could become the most influential individual in Pakistan's history, eclipsing both the prime minister and president.
Beyond ‘Hybrid Regimes’: Toward Controlled Democracy
Since 2018, Pakistan has operated under a "hybrid regime," where civilian administrations function under military oversight. The introduction of the 27th Amendment, however, suggests a shift towards a phase where military dominance might be constitutionally sanctioned rather than concealed behind civilian governance.
Experts warn that the amendment could establish a semi-authoritarian regime, where political parties persist only by aligning with military interests, courts act as extensions of the executive, and provinces lose financial autonomy.
For the average Pakistani, this could mean a hastening decline of democratic norms. Political dissent may face stricter controls, media freedoms could diminish, and power would be concentrated in Rawalpindi rather than Islamabad.
A Step Closer to Musharraf 2.0
Essentially, Field Marshal Asim Munir seems to be crafting a constitutional route to achieve the level of control that General Pervez Musharraf once wielded through martial law. The distinction lies in the use of a constitutional amendment, not a military coup, to achieve this aim.
As the Senate prepares to review the draft of the 27th Amendment, Pakistan finds itself at a critical juncture: one path leads to genuine federal democracy, the other to an entrenched military state.
Regardless of the outcome, Pakistan's delicate political equilibrium and its democratic aspirations hang in the balance.
