How the 27th Constitutional Amendment Seals the Pakistan Army’s Stranglehold over the State

Context:

• Pakistan has enacted the 27th Constitutional Amendment, introducing far-reaching constitutional changes that institutionalise the dominance of the Pakistan Army over civilian governance, internal security, judiciary, and foreign policy.

• The amendment reflects a deepening civil–military imbalance, particularly under Army Chief General Asim Munir, at a time of political instability and rising internal security threats.

Key Highlights:

Civil–Military Restructuring

• Formalises an Army-led unified command over:

  • Army, Navy, Air Force

  • Strategic nuclear forces

• Restructures inter-services coordination, placing civilian oversight in a subordinate role.

Legal Immunity & Judicial Changes

• Grants complete legal immunity to the Chief of Army Staff (COAS) and senior generals.

• Establishes a Federal Constitutional Court:

  • Effectively supersedes the Supreme Court of Pakistan

  • Curtails judicial independence and review of military actions

Internal Security Consolidation

• Expands the Army’s mandate to tackle internal militancy.

• Justified by:

  • Post-2022 spike in TTP violence

  • Intensification of the Baloch insurgency

• Over 2,300 militant attacks since 2021 used to legitimise enhanced military control.

Hybrid Governance Model Strengthened

• Institutionalises Pakistan’s hybrid regime, where democratic institutions exist but are subordinate to military authority.

• Army influence expanded in:

  • Special Investment Facilitation Council (SIFC)

  • Economic planning bodies

  • Administrative decision-making forums

Foreign Policy & Strategic Control

• Military gains enhanced role in shaping foreign and security policy.

• Key partnerships influenced directly by Army leadership:

  • China (defence production, strategic backing)

  • Turkey (defence exports, military cooperation)

  • Saudi Arabia (Strategic Mutual Defense Agreement)

• Pakistan’s participation in peacekeeping and stabilisation missions now driven primarily by military strategy, with minimal civilian input.

Relevant Prelims Points:

• Issue: Concentration of power in Pakistan’s military establishment.

• Causes:

  • Political instability after Imran Khan’s ouster (2022)

  • Rising militancy and security crises

  • Weak civilian institutions

• Key Constitutional Changes:

  • Legal immunity to military leadership

  • Creation of Federal Constitutional Court

  • Unified military command structure

• Impact:

  • Erosion of democratic checks and balances

  • Marginalisation of civilian executive and judiciary

Relevant Mains Points:

• Key Concepts & Definitions:

  • Civil–Military Relations: Balance of authority between elected civilians and armed forces

  • Hybrid Regime: Democracy coexisting with dominant non-elected power centres

  • Federal Constitutional Court: Specialised court capable of overriding Supreme Court jurisdiction

• Internal Security Dimension:

  • Militarisation of internal security governance

  • Risk of human rights violations under immunity provisions

• International Relations Perspective:

  • Military-driven foreign policy reduces diplomatic accountability

  • Regional security alignments shaped by strategic, not civilian, priorities

• Governance & Constitutional Concerns:

  • Undermines rule of law and separation of powers

  • Sets precedent for constitutionalised authoritarianism

• Way Forward:

  • Restoration of civilian supremacy through institutional reforms

  • Re-empowerment of judiciary and parliament

  • International pressure for democratic accountability and rule of law

UPSC Relevance (GS-wise):

• GS 2: International Relations, Comparative Politics, Democratic Institutions

• GS 3: Internal Security, Role of Armed Forces

• Prelims: Civil–military relations, Hybrid regimes, Constitutional courts