The 27th amendment
Amid a bitterly polarised political environment, the coalition government chose the path of further estrangement by getting the 27th amendment passed from both houses of the parliament, as the opposition found itself clueless in resisting it. Given the hegemonic composition of the current bicameral legislature, turning any draft bill into a law is no big deal for the ruling coalition, but what's surprising is that it went to the extent of shaking the very foundations of the Constitution by bringing the judiciary under the clutches of the executive and drastically changing the modus operandi of the armed forces established rank and file.
The legislation renders the Supreme Court subservient to the newly-erected Federal Constitutional Court, apart from introducing drastic changes to the military leadership structure. The sole exception, coming at the National Assembly, was the insertion of a clause through which the confusion about the continuity of the position of Chief Justice of Pakistan has been addressed, and he will continue to hold his office. Thus, the bill passed from the lower house will revert to the Senate for revalidation of the amendment.
Jurisprudents, civil society members and the opposition have taken a strong exception to the 27th amendment, insisting that it is derogatory to the spirit of the Constitution and akin to mocking the people of Pakistan. The PTI-led opposition has dubbed it as a "scar on the face of democracy", as it "will humiliate the country globally at all levels".
The amendment, coming in continuation of the 26th insertion into the Constitution, will set up Federal Constitutional Courts whose decisions would be binding on all Courts, including the Supreme Court, besides equipping the executive with the power to transfer judges of high court(s) while declaring that any judge not accepting a transfer will be deemed to have retired from his office. Likewise, the amendment goes on to rewrite Article 243, creating the post of Chief of Defence Forces and abolishing the longstanding office of Chairman, Joint Chiefs of Staff Committee (CJCSC), as it vests broader powers in the new office as well as constitutionally-protected powers and privileges in the country's top military leadership. It also establishes a position of Commander of National Strategic Command and grants life-long constitutional protection to 5-star Generals.
The treasury, however, had an apt argument when it was criticised on pushing the opposition to the wall. It reminded the PTI of its own bulldozing of bills on the floor of the house, like when a no-confidence motion was tabled against PM Imran Khan. It said the purpose of the 27th amendment was to "improve governance, defence and the delivery of justice system". Bilawal Zardari, while defending the legislation, said, "It fulfils the unfulfilled promises of the Charter of Democracy", adding that "... after defeating India, the prime minister decided to make the army chief the field marshal — not only are we providing constitutional protection to that rank of field marshal, but also bringing some changes to the defence institutions."
The amendment has come with fissures and a plethora of misgivings. Though there are no two opinions about the new legislation enriching the defence and deterrence of the country, the argument is in fact over the ways and means to do so, and that must solicit a gentle hearing. Likewise, any attempt to undermine the independence of the judiciary is not only ultra vires but goes against the conviction of the nation who wants to see parliamentary democracy flourish and organs of the state work in line with the Constitution. That must entail a generous thought too.