This time the Pakistan story is unfolding in a slightly different manner. The army chief Gen Asim Munir, instead of staging a straight coup, has passed an amendment which gives him dictatorial powers.
This controversial 27th amendment grants Field Marshal Asim Munir [57] sweeping powers. This post is created by this amendment which gives creating a new and all-powerful post of ‘Chief of Defence Forces’ [CDF]. Asim Munir will assume this post by the end of November 2025. He was scheduled to retire on 28th November 2025.
Like all armed forces the world over, Pakistan’s armed forces have three wings namely army, navy and air force which are headed by the senior-most officer of the respective service. Now with the creation of the CDF, there will be a unified command to be headed by one person. Not only this, the creation of the CDF abolishes the post of the Chairman, Joint Chiefs of Staff Committee [CJCSC]. And now comes the most dangerous and controversial power of this new post. The CDF is expected to control Pakistan’s strategic and nuclear command which includes appointments to be made by the Army chief. This takes away the authority from civilians. The amendment also seeks to restructure the military hierarchy under Gen Munir and eliminate rival positions. It also grants five-star generals like Munir immunity from all kinds of legal proceedings. Let us give a go-by to the rule of modern governance under which ‘all are equal in the eyes of the law’.
This amendment has become more controversial because it only changes the structure of the armed forces; it also creates a new federal constitutional court which will operate above the current Supreme Court. The current Supreme Court, however weak it has been, has at times acted as a check on army heads and politicians. Post-this amendment, the Supreme Court will be reduced to handling civilian and criminal cases. This amendment further bars courts from questioning any constitutional change ‘on any ground whatsoever’.
It is interesting and even educative to note that this amendment has been cleared by the upper house of Pakistan’s Parliament by, mind you, 64-0 vote on Monday and on Wednesday by the lower house by 234-4. And on Thursday, the President of Pakistan gave his assent to the Bill. This is murder of the democracy, Pakistan-style. The only silver lining was the resignation in protest by two Supreme Court judges. Let posterity note their names, Justices Mansoor Ali Shah and Athar Minallah. Both observed that the new amendment undermines the Constitution and comprises the freedom of judiciary.As was expected Opposition leaders, independent scholars and judges have condemned these changes in unison. Sayed Zulfiqar Bukhari, spokesman of opposition Pakistan Tahreek-e-Insaf said ‘this is the final nail in the coffin of an independent judiciary and a functioning democracy’.
It bears repetition that ever since its birth in August 1947 Pakistan has been having an uneasy relationship with democracy. The story of military coups in Pakistan began in October 1957 when the then Chief of Army Staft Gen Ayub Khan dismissed the government headed by Iskandar Ali Mirza. Then came the coup by Gen Zia-ul-Haq in July 1977. The third one was in October 1999 by Gen. Pervez Musharraf. And now comes a different type of coup by Field MarshallAsim Munir.
As noted in details above, coup led by Asim Munir falls into different class altogether. As a smart and smooth operator of 21st century, he did not take full control, did not dismiss the civilian government of Prime Minister Shehbaz Sharif. In fact it seems that Gen Asim has made PM Sharif party to this new constitutional arrangement. This system of power arrangement is often described as ‘hybrid rule’. Let us remember that Gen Munir was to retire on 28th November 2025.
This leads us to discuss the unique nature of this coup. The earlier coups were straight in that they deposed the civilian rule. The coups of 1958, 1977 and 1999 were justified on the grounds that they had become necessary to fight corruption and restore stability in the country. And they were eventually undone paving the way for restoration of civilian rule. Not this time. Gen Munir’s game is subtle and hence very dangerous. In earlier coups, civilian rule was the main villain. Now Munir has made Prime Minister Sharif and his political party, the Pakistan Muslim League [Nawaz] into an accomplice.
On the other side, there are scholars who argue that this amendment might not go well with many army commanders as well other services head. This might create rift in armed forces of Pakistan. The big issue is the land-based army’s professed dominance over air-force and its ‘rapid response doctrine’ and navy’s domain. These sister services might not take kindly to these changes as it disturbs the inter-service power-balance. This fear is not without reasons. This amendment establishes a Commander of the National Strategic Command. In reality it means, all nuclear weapons and delivery systems will be under the army’s control including second-strike missiles which normally falls under naval command.
All it means that it is not going to be an easy ride for Gen Munir as his institution; Army does not seem to be with him wholeheartedly as was the case in earlier coups. India needs to watch the situation very carefully.