Pakistan parliament approves more powers for army chief, curbs top court

Highlights:

• Parliament approves amendment expanding army chief's powers
• Creates post of Chief of Defence Forces overseeing all services
• Constitutional cases to move from Supreme Court to new court
• Critics say change weakens judiciary, bolsters military influence

Pakistan's parliament approved a constitutional amendment on Wednesday to expand the powers of the army chief and curb the remit of its Supreme Court, a move that critics said had done irreparable harm to the country's democracy.

The lower house of parliament approved the legislation with a more than two-thirds majority, with only four lawmakers voting against.

The upper house passed the bill two days earlier after the opposition boycotted the debate — an unusually swift passage for a constitutional change. Such amendments usually require weeks or months of consideration. The amendment will become law once signed by the president, a formality.

Army chief Asim Munir will now be elevated to the new post of Chief of Defence Forces, placing the navy and air force under his command in addition to the army. After completion of his term, he will retain his rank and have legal immunity for life.

Military might, judicial bite

Prime Minister Shehbaz Sharif hailed the amendment as a step toward institutional harmony and national unity.

"If we've made this part of the Constitution today, it's not just about the field marshal," Sharif said, adding that it also recognised the air force and navy. "What's wrong with that?" he asked the speaker. "Nations honour their heroes ... We know how to show and earn respect to our heroes."

Critics say the changes concentrate power in the hands of the military and the ruling coalition.

Under the amendment, constitutional cases will move from the Supreme Court to a new Federal Constitutional Court, whose judges will be appointed by the government. In recent years, the Supreme Court has blocked government policies and ousted prime ministers.

Opposition lawmakers from the Pakistan Tehreek-e-Insaf (PTI), founded by jailed former premier Imran Khan, walked out before the vote 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."

'Death knell' for judiciary

Legal experts warned the reform could erode judicial independence.

"We are facing completely uncharted territory: a breach in our judicial system the likes of which we haven't seen in almost a century," said constitutional lawyer Asad Rahim Khan. "The members slapping each other on the back should prepare themselves for when they'll be seeking relief from the same courts they have destroyed and subordinated to the state."

Constitutional lawyer Mirza Moiz Baig said the amendment spelled "the death knell of an independent judiciary," giving the prime minister and president power to hand-pick the chief justice and other judges of the new Federal Constitutional Court, weakening its ability to check government overreach.

The military has long wielded extensive influence in Pakistan's politics, but the reforms give it greater constitutional backing that would be difficult to reverse.

"With the amendment's passage, parliament has done what previous dictators could only dream of," Baig said.