Following the recent clash with India, Pakistan has moved to strengthen the constitutional basis of its military command, signaling a push to modernize its defense structures.
Law Minister Azam Nazeer Tarar on Saturday submitted the 27th Constitutional Amendment to the Senate, which proposes revisions to Article 243 to formally enshrine the appointment and parallel ranks of the chiefs of the army, air force and navy.
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Citing “lessons learned” from recent India-Pakistan disputes, Tarar said the evolving nature of modern warfare necessitated constitutional alignment with changing command dynamics.
India launched Operation Sindoor on 7 May, targeting terrorist infrastructure in Pakistan and Pakistan-occupied Kashmir in retaliation for the 22 April Pahalgam attack that killed 26 civilians.
“Recent tensions between Pakistan and India have taught us many lessons. The nature and strategy of war has undergone significant changes. The appointment procedures and some positions were earlier in the Army Act but were not mentioned in the 1973 constitution. Parallel ranks exist worldwide for Air Chief and Navy Chief,” Tarar said.
What is in Article 243 of the Constitution of Pakistan?
Article 243 of the 1973 Constitution of Pakistan establishes civilian control over the military. It entrusts the control and command of the armed forces to the federal government. The President may by law raise, maintain, and grant commissions in the Army, Navy, Air Force, and Reserves.
The article also ensures that the president appoints the chairman of the Joint Chiefs of Staff and the three service chiefs (Army, Navy and Air Force) only on the advice of the prime minister and determines their salaries.
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It also ensures democratic oversight, prevents unilateral military decisions and is in line with the constitutional supremacy of elected institutions.
How will this benefit Asim Munir?
Formal recognition of field marshal: The rank of field marshal would be given constitutional status, changing it from an honorary title to a legally recognized position.
“Chief of the Defense Forces” (CDF): The Bill proposes the creation of a new position, the Chief of the Defense Forces, with authority over the Army, Navy and Air Force. General Asim Munir could take over the post and consolidate command across the armed services. Munir has been widely criticized for interfering in Pakistan’s civilian politics despite his military role. He is accused of suppressing the Pakistan Tehreek-e-Insaf (PTI) party led by former Prime Minister Imran Khan, including using military courts to try civilians involved in the May 9, 2023 riots following Khan’s arrest.
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Shift of Supreme Command: Operational control of the armed forces would shift from the President and Prime Minister to the CDF or Field Marshal, effectively centralizing military command and reducing civilian oversight.
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Term Extension: Revised language in the amendment would allow for an extended or potentially indefinite term for a field marshal, giving Munir extended influence in national affairs.
Centralization of civilian functions: Federal ministries such as education and welfare would come under greater central control, which critics say could expand Islamabad’s influence and, by extension, the military’s influence.
Restrictions on provincial autonomy: The amendment would limit the powers of provincial governments and redistribute federal resources, weakening regional controls of the military and central authorities.
Why did the proposal attract criticism?
But the proposal drew criticism, with observers warning it could further consolidate the military’s power over the civilian government.
According to Dawn, legal experts in Pakistan remain divided on whether such changes require a constitutional amendment.
Many argue that operational reforms, including the creation of a Chief of Defense Staff-type post, could be implemented through regular legislation or defense regulations without changing Section 243.
They warn that the constitutional amendments risk expanding military autonomy under the guise of structural modernization.
Leader of the opposition Pakistan Tehreek-e-Insaf (PTI) Ali Zafar said that the debate on the constitutional amendment was not appropriate when the seat of the leader of the opposition remained vacant.
He said the government and its allied parties appeared to be in a hurry to pass the law.
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“I would suggest that this Senate not go to committee as a whole,” he said, suggesting that the bill be discussed by all individuals.
The PTI leader further said that the opposition received the draft only on Saturday and is yet to read a word of it.
“We can’t discuss something we haven’t read,” he said.
According to state-run PTV News, shortly before the Senate meeting, Prime Minister Shehbaz Sharif chaired a cabinet meeting via video link from Azerbaijan.
“The federal cabinet approved the draft of the 27th constitutional amendment and welcomed it in its entirety,” he added.
(With input from agencies)
