Pakistan shields president, current army chief with lifetime immunity
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Pakistan’s parliament passes a controversial amendment granting lifetime immunity to the president and army chief, sparking outcry over democratic backsliding and judicial erosion.
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A Pakistani flag flies on a lookout in Islamabad, Pakistan, on July 27, 2022 (AP)
Pakistan’s parliament on Thursday passed a sweeping constitutional amendment granting lifetime immunity to the president and the country’s current army chief, a move critics say undermines democratic oversight and judicial independence.
The 27th Amendment, adopted with a two-thirds majority, expands military authority by creating a new Chief of Defense Forces position and establishing a Federal Constitutional Court.
Under the changes, army chief Asim Munir, who was promoted to field marshal following Pakistan’s May confrontation with India, will oversee the army, air force, and navy. He and other senior military officials will now enjoy lifelong protection from prosecution.
Different ranks shielded too
According to the amendment, any officer elevated to field marshal, marshal of the air force, or admiral of the fleet will retain their rank, privileges, and immunity from criminal proceedings for life. Such protections were previously reserved solely for the head of state.
“This constitutional amendment will increase authoritarianism, and whatever little semblance of democracy existed in this country will fade away,” said Islamabad-based lawyer Osama Malik.
“It will not only remove civilian oversight from the military's activities, it will also completely destroy the military hierarchy where all service chiefs were considered equal under the joint chief system,” he told AFP.
The constitutional overhaul also grants immunity to President Asif Ali Zardari, shielding him from criminal prosecution. However, the protection will lapse if he or any former president assumes another public office. Zardari has faced several graft cases, though proceedings were previously suspended.
Judicial powers curbed, opposition denounces ‘undemocratic’ shift
Opposition lawmakers, led by the Pakistan Tehreek-e-Insaf (PTI), tore up copies of the bill in both chambers during heated debates this week.
The amendment bars courts from challenging any constitutional change “on any ground whatsoever,” effectively curtailing judicial review. It also transfers constitutional cases and pending petitions from the Supreme Court to the newly created Federal Constitutional Court, stripping the top court of its original jurisdiction.
Another clause allows the president to transfer High Court judges on the recommendation of the Judicial Commission, an authority critics warn could be used to sideline dissenting members of the judiciary.
“This is the final nail in the coffin of an independent judiciary and a functioning democracy,” PTI spokesman Sayed Zulfiqar Bukhari told AFP.
PTI secretary general Salman Akram Raja called the amendment “deeply undemocratic at its core.”
“They have given lifetime immunity from criminal prosecution to the president and created a system that concentrates power in one military office,” he told AFP.
Bill clears both houses with two-thirds majority
The Senate initially passed the legislation on Monday before the National Assembly approved a slightly revised version two days later. The bill then returned to the upper house for final endorsement.
“Sixty-four members are in favour of the passage of the bill and four members are against, so the motion is carried...,” Senate Chairman Yusuf Raza Gilani announced Thursday.
The measure also passed the 336-member lower house with the required two-thirds vote. It now awaits President Zardari’s signature to become law.
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