Pakistan approves lifetime immunity for President, Army Chief

Pakistan’s parliament has approved a far-reaching constitutional amendment granting lifetime immunity to President Asif Ali Zardari and the country’s army chief, a move that has drawn sharp criticism for undermining democracy and judicial independence, AFP reports.

The 27th Constitutional Amendment, passed on Thursday by a two-thirds majority, centralizes military power under a new Chief of Defence Forces position and establishes a Federal Constitutional Court to handle constitutional disputes.

Under the amendment, Army Chief Asim Munir—recently elevated to the rank of Field Marshal after border clashes with India in May—will now command the army, navy, and air force. The new law further stipulates that officers promoted to the ranks of Field Marshal, Marshal of the Air Force, or Admiral of the Fleet will retain their rank, privileges, and immunity from criminal prosecution for life—protections previously exclusive to the president.

Critics warn that the amendment marks a dangerous erosion of Pakistan’s fragile democratic framework.

“This constitutional amendment will increase authoritarianism, and whatever little semblance of democracy existed in this country will fade away,” said Osama Malik, an Islamabad-based lawyer.
“It will not only remove civilian oversight from the military’s activities, but also destroy the military hierarchy where all service chiefs were once considered equals,” he told AFP.

The amendment also shields President Zardari from criminal prosecution, though immunity lapses if he—or any former president—returns to public office. Zardari, who has faced multiple graft cases, had earlier benefited from stayed proceedings.

Opposition parties, led by the Pakistan Tehreek-e-Insaf (PTI), fiercely opposed the legislation, tearing up copies of the bill in both chambers during heated protests.

“This is the final nail in the coffin of an independent judiciary and a functioning democracy,” said PTI spokesman Sayed Zulfiqar Bukhari.
PTI Secretary-General Salman Akram Raja added: “They have given lifetime immunity to the president and concentrated military power in one office. It’s deeply undemocratic at its core.”

In addition to granting immunity, the amendment bars courts from challenging any constitutional change, transfers all pending constitutional cases to the new Federal Constitutional Court, and strips the Supreme Court of its original jurisdiction. Another controversial clause allows the president to reassign High Court judges on the advice of the Judicial Commission, a move critics fear could sideline dissenting judges.

The Senate passed the bill earlier in the week, followed by approval in the National Assembly after minor revisions.

“Sixty-four members are in favour of the passage of the bill and four members are against, so the motion is carried,” announced Senate Chairman Yusuf Raza Gilani, according to AFP.

The legislation now awaits President Zardari’s signature to become law.