Dangling sword

Published
3

A 27th AMENDMENT is no longer just a subject of gossip and rumour. It is materialising and has triggered speculation about how this regime expects to consolidate its power. It is clear why it was kept under wraps: the proposed legislation will hollow out the Supreme Court and supplant it with a supra-court with all powers to overrule the former’s authority. The other subjects it touches on are the number of ministers and advisers, as well as the leadership of the armed forces.

It would seem as if the potential rollback of the 18th Amendment and significant changes to be made to the National Finance Commission Award were but a smokescreen. There is no mention of either of the subjects in the legislation presented before the Senate. Did the government use a bait-and-switch to make its proposals more digestible? We must wait to see how they are received.

Meanwhile, one cannot help but comment on the grand ambitions of the proposed amendment. The Supreme Court, once the last resort on all questions of law and legality, will be superseded by the federal constitutional court, which will quite literally be handpicked by the ruling regime. In theory, under the amendment, the ruling parties could stack the entire bench of this new, most powerful court in the country.

Could such a bench ever be expected to rule impartially on the constitutionality of the government’s actions? It would seem naïve to expect it to do so. How supporters of the amendment will explain this blatant subversion of judicial independence remains to be seen. Meanwhile, the Supreme Court is to be reduced to a final court for routine civil and criminal appeals only. This demotion will complete the apex court’s descent to irrelevance, triggered by its failure to enforce its writ in the ‘90-days elections’ case. The humiliation will be complete.

One also wonders about the wisdom behind granting five-star ranks immunity from all prosecution for life. It is a rather surprising concession, given that past governments of both the PML-N and PPP were persecuted and overthrown by military strongmen. Those same military rulers also committed gross excesses against ordinary citizens and resorted to subjugating civil rights wholesale whenever the public’s will clashed with their personal interests. Unfortunately, they never faced justice for their crimes.

Given such precedents, would the promise of near-blanket, lifetime immunity not give future despots more incentive to commit violations of oath and law with impunity? The government should perhaps have considered formally recognising the titles of five-star-ranked personnel only and conferring all the prestige it wished upon them. A lifetime of immunity is a rather odd honour to bestow on anybody.

Attention now turns to the debate. The government must not rush matters and allow all to share their thoughts freely.

Published in Dawn, November 9th, 2025

Opinion

Editorial

Makkah agreement
Updated 09 Aug, 2026

Makkah agreement

IN the midst of a gruelling war between the US and Iran — currently at a stalemate — the signing of the Makkah...
Conflicting priorities
09 Aug, 2026

Conflicting priorities

THERE is a reasonable argument that the democratic process must go on regardless of prevailing conditions; that...
FIFA controversy
09 Aug, 2026

FIFA controversy

FIFA PRESIDENT Gianni Infantino is at the centre of a storm of his own making. Even after a crisis meeting in...
Danger ahead
Updated 08 Aug, 2026

Danger ahead

PAKISTAN has already paid a heavy human price this monsoon, even as another dangerous spell approaches. NDMA figures...
Israeli impunity
08 Aug, 2026

Israeli impunity

ANY hope that Hamas’s decision to disarm would lead to a breakthrough has been dashed for one simple reason:...
Flawed investigations
Updated 08 Aug, 2026

Flawed investigations

An inaccurate record of a victim’s wounds hinders the dispensation of justice. Medical examiners in such a critical area cannot cut corners.