Pakistan’s powerful army chief secured expanded powers and lifelong legal immunity after the parliament passed a bill limiting the independence of the Supreme Court.
Opposition figures and critics denounced the controversial amendment passed on Wednesday as “the funeral of democracy” and the “death knell for an independent judiciary”.
Field Marshal Asim Munir was already considered Pakistan’s most powerful figure, even the country’s de facto ruler.
The new legal changes elevate him to the newly created post of the Chief of Defence Forces, placing the navy and the air force under his command in addition to the army.
He will retain his rank even after completing his term and enjoy legal immunity from prosecution for life.
The legislation was approved by a two-thirds majority of the lower house voting in favour and only four lawmakers voting against.
The upper house of the parliament had already passed the amendment a few days earlier after the opposition boycotted a debate on it.
Such amendments typically take weeks and months of debate, but the weakness of the ruling coalition – a dissatisfied alliance of two formerly rival parties – and the military’s immense power are seen as reasons for its swift sailing.
Jailed former prime minister Imran Khan’s opposition party Pakistan Tehreek-e-Insaf boycotted the vote. Its lawmakers walked out of the parliament and tore up copies of the bill in protest, saying they had not been consulted. “None of the parliamentarians cared about democracy and the judiciary being eliminated. They have voted for being a silent observer whilst the country becomes a banana republic," PTI spokesman Zulfikar Bukhari said. "Rest in peace constitution of Pakistan."
The amendment is set to be approved by president Asif Ali Zardari, formally enshrining it in the constitution.
After the completion of his five-year term due to be renewed in 2027, General Munir and other “five star” officers will retain their rank for life.
The new legislation also grants lifetime immunity from prosecution to president Zardari, who faces a raft of corruption and money laundering allegations that he denies.
The amendment also establishes a new Federal Constitutional Court whose judges will be appointed by the prime minister and which will take over all issues of constitutional interpretation and enforcement from the Supreme Court.
Prime minister Shehbaz Sharif hailed the amendment as a step towards institutional harmony and national unity.
"If we've made this part of the constitution today, it's not just about the field marshal," Mr Sharif said, adding that it also recognised the air force and the navy.
"What's wrong with that?" he asked. "Nations honour their heroes...We know how to show and earn respect to our heroes.”
Analysts and critics say the changes concentrate power in the hands of the military and the ruling coalition and warn that it will erode judicial independence.
"We’re facing completely uncharted territory: a breach in our judicial system the likes of which we haven't seen in almost a century," constitutional lawyer Asad Rahim Khan said.
“The members slapping each other on their backs should prepare themselves for when they’ll be seeking relief from the same courts they have destroyed and subordinated to the state."
Fellow constitutional lawyer Mirza Moiz Baig said the amendment spelled “the death knell for an independent judiciary” by enabling the prime minister and the president to handpick the judges of the new constitutional court, weakening the judiciary’s ability to check government overreach.
But law minister Azam Nazeer Tara defended the move, arguing that the military chief deserved constitutional protection because he was “the hero of the whole nation”.
Bilawal Bhutto Zardari, chair of the Pakistan People’s Party, a constituent of the ruling coalition, said they backed the bill because Pakistan was facing “a situation of war”.
General Munir, 57, was promoted to field marshal in May following a four-day conflict with India that pushed the nuclear-armed neighbours to the brink of all-out war. He was hailed in the country for leading the fight that saw Pakistan shoot down several Indian fighter planes. He was also praised by US president Donald Trump when they lunched in June and again met in the Oval Office in September.
The American president called him his “favourite field marshal”.
Mr Munir is getting enhanced powers just as the Pakistani military is fighting multiple armed insurgencies in the country and is locked in a border conflict with Afghanistan. Tensions with India are also running high.
Islamabad blamed Indian and Afghan proxies for carrying out a suicide bombing in the capital earlier this week that killed 12 people.
