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Pakistan Army Chief Asim Munir (left) and UN Human Rights Agency Chief Volker Turk (right).
The United Nations has expressed concern about the constitutional amendment in Pakistan. UN Human Rights Agency (UNHR) High Commissioner Volker Turk has warned that the 27th constitutional amendment could weaken the independence of the judiciary.
Turk issued a statement on Friday saying that this change could also weaken the essential legal rules (rule of law) which maintain law and order in the country.
In Pakistan, on November 12, the Parliament approved the 27th constitutional amendment increasing the powers of the army and reducing the powers of the Supreme Court. During this period, changes were made in 48 articles of the Constitution.

PM Shehbaz Sharif and PML-N President Nawaz Sharif were also present in the Parliament during the Constitution amendment.
‘The influence of politics on the court will increase’
Turk expressed concern that the constitutional amendment, like the 26th Constitutional Amendment passed last year, has been passed without necessary discussion. He said that these changes make such a big change in the system that the risk of political influence on the courts increases.
Turk said that one of the main parameters of the independence of the judiciary is that it should not be interfered with by the government. If this protection is lost, the courts will not be able to protect human rights nor will they be able to apply the law equally to all.
Turk also expressed concern over a provision included in the amendment that gives the president and top military leadership immunity from criminal cases for life. He said that this is against the basic principles of accountability.
Appeal to reconsider constitutional amendment
Turk asked Pakistan to review this amendment and make such changes which would strengthen the country’s institutions, not weaken them. This concern of the United Nations has come at a time when major changes are taking place in Pakistan’s army.
Army Chief Asim Munir took charge as the country’s first Chief of Defense Forces (CDF) on November 27. This new post has also been created under this constitutional amendment.
Nuclear command in the hands of the army
A very special part of the 27th Constitutional Amendment is the formation of the National Strategic Command (NSC). This command will monitor and control Pakistan’s nuclear weapons and missile systems.
Till now this responsibility was with the National Command Authority (NCA), which was headed by the Prime Minister, but from now on the responsibility will be with the NSC.
Although the commander of NSC will be appointed with the approval of the Prime Minister, this appointment will be done only on the recommendation of the Chief of Army Staff (CDF). Most importantly, this post will be given only to Army officers.
With this, the control of the country’s nuclear weapons will now be completely in the hands of the army.

10 main amendments…
- Army Chief will get the responsibility of Chief of Defense Forces
- If an officer is given the rank of Field Marshal, Marshal of the Air Force or Admiral of the Fleet, the rank will be held for life.
- The Field Marshal gets the same security as the President and no criminal case can be prosecuted without the permission of the government.
- The present Chief Justice will remain the Chief Justice until the completion of his term
- Federal Constitution Court will be established
- Right to take suo motu (suo motu) petitions
- President and Prime Minister will play an important role in legal appointments
- The President’s freedom to take up any public post after his tenure is limited.
- Judicial Commission will decide the transfer of High Court judges
- Supreme Judicial Council will look into objections on transfers
Appointment of judges in the court is in the hands of the government
The bill adds eight new amendments that were not part of the earlier Senate-approved version. The biggest change is related to the judiciary. Now all constitutional matters will be removed from the Supreme Court and changed to the ‘Federal Constitutional Court’, whose judges will be appointed by the government.
In recent years, the Supreme Court had stopped many government policies and removed Prime Ministers from office, in view of which this step has been taken.

the president Will remain nominal supreme commander
Till now CJCSC used to work to create mutual coordination between the three armies. Whereas the real power used to be with the Army Chief, now both the things will be with the CDF.
In the report of Pakistani newspaper Dawn, quoting experts, it has been said that this will make the army more powerful in the country. Experts said that the ongoing amendment to the Constitution will permanently enshrine the rights of the Army in the Constitution.
This means that no future civilian government will be able to reverse these changes easily. That means, in practice, the role of ‘President Supreme Commander’ will remain only formal.
Prime Minister said- this is a step towards national unity
Prime Minister Shehbaz Sharif described this amendment as a step towards harmony and national unity. “If we have made it a part of the Constitution today, it is not just about the Army Chief,” Sharif said.
He further said that Air Force and Navy have also been recognized in this. He asked the speaker, “What’s wrong in this? Countries respect their heroes. We know how to show respect to our heroes.”

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