| T |
he parliament has passed the 27th Constitutional Amendment, prompting both appreciation and criticism from political, legal and civil circles. Time will tell whether its impact proves to be positive or negative. What is clear, however, is that the amendment provides constitutional cover to the country’s hybrid political system.
The amendment introduces structural changes in the military command, consolidating authority under a single individual rather than a distributed structure. This centralisation, some observers say, could further enhance the military’s power in their interaction with civilian institutions. While the post of Joint Chiefs of Staff Committee chairman has been abolished, senior military commanders now enjoy stronger constitutional protection than ever before.
Some rights organisations and sections of the legal fraternity have expressed concern over changes in the Judiciary introduced through the same amendment. The creation of a Federal Constitutional Court and changes in the appointment and transfer processes of judges, they argue, could undermine judicial independence by expanding the Executive’s influence. Under the new system, judges may be transferred between High Courts with limited consultation, a move seen as potentially compromising judicial autonomy.
The lifetime immunity for the president and other high offices has also drawn criticism, with some legal experts warning that it could further weaken the already fragile accountability process. With the Judiciary’s oversight function diminished, the balance of power appears tilted towards the Executive. Still, some clauses have been welcomed. The equal representation of judges from all provinces in the FCC is being described as progress towards inclusivity.
The PPP has claimed credit for removing several clauses from the initial draft, including some affecting provincial autonomy, the NFC Award, education and population. “As long as I am the PPP chairman, I will not allow anyone to curtail provincial autonomy,” Bilawal Bhutto stated.
“The 18th Constitutional Amendment ensured provincial autonomy. No one has dared undo it. The 18th Amendment was passed through consensus. No one has the courage to undo it,” said Bilawal while speaking during NA session held on Wednesday to approve 27th Amendment. He said that the 18th Amendment had ensured provincial autonomy and strengthened the federation, calling it one of his party’s greatest democratic achievements after assuming power in 2008. “The Pakistan Peoples Party passed the 18th Amendment, granting provinces their powers and strengthening the federation,” he said. He said that the amendment had enjoyed cross-party support. “The 18th Amendment bears the signatures not only of the PPP and the PML-N, but of all political parties,” he said, describing it as a historic act of unity in Pakistan’s democratic evolution.
“We have the majority for 27th Constitutional Amendment, but unfortunately, there is no consensus on it. The draft of the amendment we received from the government was discussed in our party’s Central Executive Committee meeting. We reviewed it for two days and decided that we will support this amendment to fulfil the unfinished promise of the Charter of Democracy.”
Still, some clauses have been welcomed. The equal representation of judges from all provinces in the FCC is being described as progress towards inclusivity. PPP chairman Bilawal Bhutto Zardari lauded the development saying it would prevent the concentration of judges from any a single province in the Supreme Court.
The amendment also abolishes the chief justices’ power to take suo motu notice, making litigation firmly a petitioner-based. Its proponents say this will prevent the misuse of discretionary powers for political mischief.
Some critics have, however, questioned the speed and secrecy with which the amendment was drafted and passed. The government secured a two-thirds majority in both houses, with only four JUI-F members voting against it. PTI members staged a loud protest in front of the Speaker’s chair but eventually walked out instead of voting, a decision critics say deprived them of a historical parliamentary record of opposition.
Public reaction has been divided. Supporters of the government have hailed the legislation as essential for Pakistan’s stability and defence, while opponents have called it a blow to democracy, judicial independence and the rule of law.
The media reaction has been cautious. While the press has largely avoided questioning the immunity granted to military officials, it has raised objections to the presidential immunity. Responding to these concerns, Senator Rana Sanaullah said, “Asif Zardari enjoys immunity as president. If he holds any other office after his presidency, he will be accountable for that role.”
PTI chairman Barrister Gohar Ali Khan has called the amendment unconstitutional and self-serving. “Whenever we return to power, we will abolish this amendment,” he has said.
Mahmood Khan Achakzai, head of the Movement to Protect the Constitution, has declared, “If the government wants dialogue, our first demand will be the return of our mandate.” He says the opposition is preparing to launch a movement against the government.
The government’s success in passing the amendment could trigger a new wave of protests. The chief minister of Khyber Pakhtunkhwa has already announced a march on Islamabad on November 24. Several rights groups and lawyers’ associations are holding consultations to devise a joint strategy.
Some analysts warn that a crackdown on political, civil or legal protests could raise new questions about Pakistan’s human rights record, already under scrutiny by international watchdogs.
The coming weeks appear critical for Pakistan, as terrorism incidents continue to rise in settled areas and border tensions with Afghanistan remain high. A mass political movement could further destabilise the country and test the resilience of national institutions.
The writer is ajournalist, teacher of journalism, writer andanalyst. He tweets at BukhariMubasher.