A major political crisis erupted in Pakistan as soon as the CDF Bill was approved. Two Supreme Court judges resigned, calling it an attack on the constitution. The bill grants extraordinary powers to Army Chief Asim Munir, raising serious questions about the judiciary and democracy.
Pakistan CDF Bill: A major political crisis has erupted in Pakistan just hours after President Asif Ali Zardari approved the 27th constitutional amendment, also known as the CDF Bill. Immediately upon approval, a direct confrontation began between the Supreme Court and the government, leading to the resignation of two senior judges. This amendment grants Army Chief Field Marshal Asim Munir the position of Chief of Defence Forces, which includes full control over the Navy and Air Force.
Resignation of Two Judges
Immediately after the President's signature, Justice Mansoor Ali Shah and Justice Athar Minallah resigned, calling the bill a “fatal assault” on the constitution. Both judges stated that this amendment subjugates the judiciary to the executive and undermines constitutional democracy. The bill was passed by a two-thirds majority in the lower house of parliament and introduces a major change to the Army Act, granting Munir command of all three services as CDF.
Apprehension of Munir Gaining Lifelong Power
According to the amendment, the CDF's tenure will be five years, and they will have the authority to appoint the commander of the National Strategic Command. However, other provisions also include that they will be largely immune from removal from this post and cannot be criminally prosecuted in any case. This is because the amendment grants lifelong criteria to high military ranks such as Field Marshal, Air Marshal, etc., which includes permanent immunity. For this reason, experts view this as an extraordinary increase in Munir's power.
Reduction in Supreme Court's Powers
The bill provides for the creation of a new Federal Constitutional Court (FCC) that will handle constitutional matters, and the Supreme Court's existing constitutional benches will be dissolved. The Chief Justice of the FCC will be appointed on the recommendation of the Prime Minister. Justice Shah explicitly stated in his resignation that this step undermines the independence of the judiciary and hollows out the constitution. Justice Minallah also stated that it subjugates the judiciary to the executive and turns the constitution into a “dead phantom”.
Instability in Pakistan
The government has called it a step towards “institutional harmony,” but the opposition PTI boycotted the voting and tore up copies of the bill in parliament. Former ambassador Maleeha Lodhi termed it an assault on judicial independence. Experts believe that this bill will further strengthen military dominance in Pakistan and weaken democracy. It has also increased the apprehension of coups and major movements, as the Supreme Court was previously a means of checking the government, and now that power will also be diminished.
