Govt ‘bulldozes’ bills in Parliament for increase in SC judges, tenure of services chiefs

— Law Minister tables bill raising number of Supreme Court judges to 34

— Defence Minister introduces amendments extending service chiefs’ tenures

ISLAMABAD: The National Assembly passed six bills on Monday, including the one that aims to increase the number of Supreme Court judges and another concerning the extension of the tenures of armed services chiefs, amid loud protests from the opposition.

A few hours later, the Senate also passed the amendment bills. With Acting President Yousaf Raza Gilani signing the bills into laws, the changes — including to length of tenure (five years instead of three) as well as period of extension and reappointment (five years instead of three) — would apply to all current armed forces chiefs.

The first bill, presented by Law Minister Azam Nazeer Tarar, proposes raising the number of Supreme Court judges to 34.

He stated, “This amendment will help clear the backlog of cases and ensure we have enough judges to form constitutional benches after the 26th Amendment.”

He added that the bar associations, including the Supreme Court Bar Association (SCBA), have long advocated for this change to alleviate the thousands of pending cases in the court registries in Karachi, Quetta, Peshawar, and Lahore.

Following Tarar’s presentation, the national assembly proceeded with the vote on the bill despite fierce opposition protests. The PTI lawmakers encircled the Speaker’s desk and lodged strong protest.

Amendments to Armed Forces Acts

The National Assembly also passed amendments to the Pakistan Army, Air Force, and Navy Acts, extending the tenures of service chiefs. Defense Minister Khawaja Asif introduced these amendments under the Pakistan (Army/Air Force/Navy) Act Amendment, 2024.

The government introduced all the bills through a supplementary agenda. According to the Army Act Amendment Bill of 1952, the retirement rules for generals will not apply to the army chief, allowing for continued service upon appointment, reappointment, or extension.

The House approved the Pakistan Air Force Act, 1953, and the Pakistan Navy Amendment Bill, 1961, by majority vote.

The statement of objects and reasons for the amendments indicates that the goal is to align the Pakistan Army Act, 1952, the Pakistan Navy Ordinance, 1961, and the Pakistan Air Force Act, 1953, with the maximum tenures for the chiefs of the Army, Navy, and Air Force, ensuring uniformity across these laws.

The proposed Pakistan Army (Amendment) Act, 2024, seeks to extend the Chief of Army Staff’s tenure from three to five years. The amendment specifies that in Section 8A, “three (03)” will be replaced with “five (05).”

This section currently states that the President, on the advice of the Prime Minister, appoints a General as the Chief of the Army Staff for a tenure of three years.

Similarly, Section 8B aims to extend the maximum period for reappointment or tenure extension to five years instead of the previous three years.

An amendment to Section 8C addresses the retirement age and service limits of service chiefs, removing the age limit of 64 years during their tenure. This section states that retirement rules for a General do not apply to the Chief of the Army Staff while in office, ensuring continued service without age restrictions.

After the bills were passed, the Speaker adjourned the National Assembly until 11 AM the following day.

PTI denounces passage of bills

Following the passage of the bills, PTI Chairman Barrister Gohar Ali Khan expressed his discontent on social media, stating, “Today, democracy has been transformed into a monarchy.”

PTI’s Leader of the Opposition in the National Assembly, Omar Ayub Khan, criticized the government’s move to modify service chiefs’ tenures, asserting that it is detrimental to both the country and the armed forces.

Mian Abrar
Mian Abrar
The writer heads Pakistan Today's Islamabad Bureau. He has a special focus on counter-terrorism and inter-state relations in Asia, Asia Pacific and South East Asia regions. He tweets as @mian_abrar and also can be reached at [email protected]

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