As academics, activists and members of the civil society engaged with Pakistan’s history, politics, law, and society, we issue this urgent condemnation of the 27th Constitutional Amendment, passed in the Senate amid opposition boycotts and procedural opacity. This amendment threatens the democratic foundations of Pakistan’s 1973 Constitution at a time when the nation faces converging crises including economic collapse, rising poverty and unemployment, an uptake in militancy and civilian casualties, and a complete breakdown of institutional checks and balances.
Following the deeply flawed 2024 elections and the 26th Constitutional Amendment’s assault on judicial independence to impede independent investigations of the polls, the 27th Amendment completes the architecture of authoritarian rule. It proposes a separate Constitutional Court appointed by the Executive, reducing the Supreme Court, whose reason for existence was protection of fundamental rights of Pakistanis, to an appellate court. Already, the judiciary was under attack: independent minded judges from the Islamabad High Court had written a letter to the Chief Justice about threats to their families from intelligence officers which still remain unaddressed. By allowing High Court judges’ transfers without consent with the threat of losing their jobs, the 27th amendment provides formal measures to coerce the judiciary into executive submission. Elsewhere, the amendment formally recognises military dominance through amendments to Article 243 by creating a Chief of Defence Forces position while also providing immunity for life to senior military officers, as well as retention of privileges of rank and employment. While government ministers have boasted about the effectiveness of the “hybrid” system ever since the 2024 elections, this outsized expansion in military power will further reduce space for civilian governance, while also institutionally weakening the military chain of command, centralising power in the office of the Army Chief.
This constitutional assault comes at a tenuous time for the 250 million people of Pakistan. The recent floods caused widespread destruction in communities already reeling from the devastating effects of the 2022 floods which left millions homeless. The World Bank recently noted that poverty had seen a sharp uptick due to economic shocks and lack of investment in human capital: more than 25% Pakistanis now face poverty, rising from 18% in 2022. Economic growth has stagnated despite steady increase in the population of young people entering the workforce, industry has slowed down, foreign investment remains truncated with many multinational companies leaving the Pakistani market. Further, the government’s failure to protect small-farmers and military takeover of farmlands has led to acute shortages of food and price inflation, again affecting the most marginalized communities. In this situation, further centralising of power will likely reduce prospects of investment in productive activities and kickstarting the economy which has sharply diverged from the paths taken by neighbouring India and Bangladesh. Most worryingly, record numbers of skilled Pakistanis are leaving the country: in 2024, Pakistan had the highest net emigration in the World. Though temporarily providing rents in the shape of remittances, the long-term consequences of this brain drain will be felt most acutely by future generations.
Simultaneously, Pakistan faces a dramatic resurgence in militancy and insurgency, especially in KP and Balochistan. The state’s use of brute force in place of dialogue and civilian outreach has also seen the return of drone attacks in the border areas, with civilian casualties explained away as collateral damage. Responding to this, the inhuman exodus of millions of Afghan migrants, many of who were born in Pakistan, by the current government under the pretext of security lays bare the human costs of militarised governance. Moreover, the government’s belligerence in dealing with Afghanistan threatens to drag the region into wider conflict. Rather than developing a comprehensive counterterrorism strategy rooted in civilian intelligence and community engagement, the regime has prioritized its own entrenchment.
We express solidarity with the people of Pakistan and demand a different path forward, one that rejects authoritarian consolidation and builds democratic institutions capable of addressing the nation’s crises. We do not need to underscore the importance of democratic legitimacy and accountability, Pakistan’s future depends on rejecting the authoritarian path embodied in the 27th Amendment. The nation needs transparent governance, an independent judiciary, civilian control of resources and security policy, and democratic institutions accountable to its people. We urge scholars, civil society, and legal minds throughout the world to unite in demanding a constitutional order that addresses the urgent crises citizens face.
If you would like to register your protest, please sign our open letter here.
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