THE 27th Constitutional Amendment, having far-reaching implications for judicial system, democratic process and top-ranking appointments in the three defence forces, has become a reality after President Asif Ali Zardari assented to the bill adopted by both Houses of Parliament with required two-thirds majority. As a follow up, the National Assembly quickly passed four bills to make acts relating to defence forces and the Supreme Court (Practice and Procedure) Act, 2023 consistent with the 27th Amendment to the Constitution. An amendment to Pakistan Army Act envisages Chief of the Army Staff (COAS) Field Marshal Asim Munir’s tenure for five years will recommence following his notification as Chief of Defence Forces (CDF), which means he will hold the coveted position till 2030. As per another amendment, the post of Chairman Joint Chiefs of Staff Committee (CJCSC) will be abolished and will be substituted with the Commander of the National Strategic Command for an initial tenure of three years.
The Government surely stands to gain as passage of these fundamental changes in the structure of the state reflects its ability to move forward with somewhat ease as against the complicated scenario of the past when the Opposition frequently pulled its legs and the judiciary was so active that some of its verdicts were seen as attempts at re-writing of the Constitution, a privilege that rests exclusively with the elected parliament. There is simmering resentment and concerns in the judicial circles about powers and independence of the judiciary as viewed in the context of new ground realities as reflected in the instant resignations of two Supreme Court justices Mansoor Ali Shah and Athar Minallah, who see the new amendments as an assault on the SC. Former Attorney-General of Pakistan Makhdoom Ali Khan has also tendered resignation as members of the Law and Justice Commission of Pakistan and media reports claim some judges of high courts might opt out as well. We have been emphasizing in these columns all along that there was nothing wrong with the Constitution – neither before nor now – and trouble starts because of tug of war among major players and state pillars. In the not too distant past, the SC enjoyed absolute powers from appointment of judges to delivery of verdicts on almost any subject under the sun but there was a predominant view that these powers were misused frequently allegedly on political considerations. Now these powers have been diluted with changes in the procedure for appointment of judges and establishment of a full-fledged Federal Constitutional Court but the system can still deliver if the executive resists the temptation of misusing its authority as was witnessed in the case of the judiciary in the past. The government claims the changes will strengthen the justice system and expedite judicial proceedings and let us hope it turns out as such.
There can be no two opinions that people of Pakistan and progress of the country suffered due to tension among institutions and there is legitimate demand that the country must be allowed to move forward. Institutional harmony is a key and this objective can be achieved if every institution performs its duties, responsibilities and exercises its authority strictly in line with the dictates of the Constitution, avoiding the tendency to poke nose in the realm of others. The objective behind creation of the coveted post of Commander of Defence Forces is to ensure effective coordination among the three services and one hopes this cherished objective will be realized in the supreme interest of security and defence. Continuity of Field Marshal Syed Asim Munir for five years will also mean continuity of defence and security policies that have attracted world-wide admiration. The new structure has the potential to provide long-term stability if fissiparous tendencies are buried and instead all players devote their energies to make Pakistan’s economy and defence invincible.
