Editorial: Sharif slips, Munir prevails

The stranglehold of the military establishment in Pakistan politics is set to tighten further with a new Constitutional Amendment being pushed through the corridors of power

No prizes for guessing who calls the shots in Pakistan. For most of its history, the Islamic nation has been under the firm grip of the military bosses, leaving the civilian leadership docile and vulnerable. The stranglehold of the military establishment is set to tighten further with a Constitutional Amendment being pushed through the corridors of power. The proposed 27th Constitutional Amendment, now under debate in the Senate, has triggered a storm in the country’s political landscape. The provisions of the Bill, ostensibly aimed at recasting the military command hierarchy, would tilt the balance of power even further in the direction of the military establishment. At the centre of this controversy is Army Chief General Asim Munir, whom many consider today’s most powerful man. The proposed amendment would provide constitutional recognition to the title of Field Marshal conferred on him recently. More importantly, it would make this post permanent beyond the retirement norms. Once the Amendment goes through, Munir would be the second military officer in Pakistan’s history to have the rank of Field Marshal – the first being Ayub Khan, who conferred it upon himself back in 1959 when he seized power through a coup. He went on to become Pakistan’s president and rule through martial law for years. The latest legislative move could lead to the extension of Asim Munir’s tenure beyond his scheduled retirement on November 28. Munir is often described as the country’s “de facto ruler” and has increasingly become visible both at home and abroad.

Many Pakistanis still remember the decades of military rule that followed coups by generals such as Ayub Khan, Zia-ul-Haq, and Pervez Musharraf. To them, this amendment is déjà vu. The Bill raises fundamental questions about who really runs the country, elected representatives or Rawalpindi generals operating from behind the scenes. On its part, the Shehbaz Sharif government continues to maintain that the amendment is a necessary step to strengthen institutions. Another key proposal that has caused consternation among the legal fraternity and civil rights activists is the establishment of a Federal Constitutional Court (FCC), as a body separate from the Supreme Court, to deal exclusively with issues concerning the Constitution and fundamental rights. Critics fear that the move would weaken judicial independence. The government has asserted that the new constitutional court would modernise the judiciary, reduce backlogs and separate constitutional and appellate jurisdictions. However, many fear that the Supreme Court would eventually be reduced to the level of a district court with a limited jurisdiction of deciding ordinary civil, criminal and statutory appeals. The Supreme Court, once the last resort for all questions of law and legality, will be superseded by the federal constitutional court, which will quite literally be handpicked by the ruling regime. The FCC would assume some of the SC’s most significant powers, and decisions would be binding on all courts, including the SC itself.

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