Answer

Introduction

Pakistan’s 27th Constitutional Amendment marks a decisive rupture in its constitutional trajectory, shifting power from democratic institutions to an ascendant military establishment. By granting lifetime immunity and unified command to the Army Chief, it transforms Pakistan’s governance from liberal constitutionalism to an entrenched militarised order.

Body

Altered Balance of Power Between Military & Civilian Institutions

• Constitutionalisation of Military Supremacy: The amendment elevates the Army Chief from a security head to a constitutionally protected, supreme authority over all armed services.
  Eg: The Chief of Defence Forces will be the unified command over Army, Navy, and Air Force under a new constitutional structure.
• Lifetime Immunity Weakening Civilian Accountability: By granting lifetime immunity to the President and Army Chief, the amendment removes all civilian oversight or legal scrutiny over military leadership.
  Eg: Lifetime rank, privileges, and protection from prosecution, is described as a “Caesar in uniform.”
• Civilian Institutions Rendered Subordinate: Parliament becomes symbolic as real authority shifts to military command structures; executive power is overshadowed by militarised hierarchy.
• Expansion of the Military’s Political-Economic Power: The amendment entrenches the military’s long-standing dominance over Pakistan’s political economy, reinforcing Milbus.
• Militarisation Justified by National Security Crisis: With insurgencies and external tensions, the military claims constitutional authority as the only stabilising force, marginalising civilian governance.
  

How the Amendment Reshapes Pakistan’s Constitutional Order

• Destruction of Judicial Review: The amendment abolishes the judiciary’s power to review constitutional amendments, collapsing separation of powers.
  Eg: The clause barring courts from questioning amendments is termed the “most lethal” provision, ending judicial supremacy.
• Controlled Judicial Apparatus: Key constitutional cases are diverted away from the Supreme Court, creating a weakened, pliable judiciary.
  Eg: A new Federal Constitutional Court replaces the Supreme Court’s original jurisdiction, enabling executive-military control.
• Constitution to a Militarised Charter: Pakistan’s 1973 liberal Constitution is transformed into a hierarchical, command-based structure reflecting militaristic ideology.
  Eg: A “barracks code” replacing a liberal social contract, marking “the end of classical constitutionalism.”
• Erosion of the Rule of Law and Checks & Balances: With lifetime immunity and no judicial oversight, constitutionalism collapses, and the military becomes the arbiter of legality.
• Formalisation of a Praetorian State: The military ceases to be a guardian and becomes sovereign.

Conclusion

Reversing Pakistan’s constitutional decline requires restoring judicial review, re-empowering Parliament, and re-establishing civilian supremacy over the military. Unless these safeguards are rebuilt, the 27th Amendment will remain a permanent marker of democratic erosion, replacing constitutional consent with coercive command at the heart of Pakistan’s statecraft.

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