Services chiefs' term extended to 5 years: Bills passed into law

All six bills that were approved by the lower and the upper houses of parliament earlier today have become law after acting President Yusuf Raza Gilani signed them on Tuesday.

According to sources, the acting president signed all six bills including the Supreme Court Number of Judges (Amendment) Bill, 2024, the Supreme Court Practice and Procedure (Amendment) Bill, 2024, and the Islamabad High Court (Amendment) bill, 2024.

Earlier in the day, both houses passed the bills tabled by Law Minister Azam Nazeer Tarar. The first of them sought to increase the number of judges in the Supreme Court up to 34 in a bid to clear the backlog of cases.

According to the statement of objects and reasons, “the number of Judges in the Supreme Court of Pakistan Court is to be fixed under the Supreme Court (Number of Judges) Act, 1997 [...] The number of Judges of the Supreme Court is sixteen plus one Chief Justice. In view of the consistent increase in the litigation in Pakistan and budging pendency, it is necessary that number of Judges in the Supreme Court shall be increased.”

“In light of the above, it is proposed to increase the number of judges in the Supreme Court from sixteen to thirty-three, in addition to the Chief Justice,” it added.

Highlighting the salient features of the bill, the law minister — while speaking on the floor of the lower house — said under the amendment bill, the number of judges may be increased up to 34.

He explained that this move was aimed at tackling the backlog of cases at the apex court and emphasised that the number of judges can be adjusted over time-based requirements.

“This amendment will increase the number of judges in the Supreme Court up to 34, so that the backlog of cases can be cleared, and that after the 26th Amendment, we can have judges to form the constitutional benches.”

In addition to this, the minister presented a bill seeking to amend the SC (Practice and Procedure) Act 2023, aiming to include additions made in the 26th Constitutional Amendment, including the introduction of constitutional benches.

The bill sought to add Article 191A of the Constitution — the creation of constitutional benches — to the preamble.

“Articles 191 and 191A of the Constitution of the Islamic Republic of Pakistan enables the Majlis-e-shoora (Parliament) to provide for the practice and procedure of the Supreme Court including, Constitutional Benches", reads the bill.

Furthermore, the bill proposed another amendment to ensure that the act came into force at the same time as the 26th Constitutional Amendment Act, 2024.

Moreover, another bill — Islamabad High Court (Amendment) Bill, 2024 — seeking an increase in number of judges from nine to 12 in IHC was also passed.

“In view of the consistent increase in the litigation in Islamabad and as it is growing into a cultural and business hub and also it is evident from the growth of population in Islamabad that further litigation will burden the High Court, so it is imperative that number of judges in the Islamabad High Court may be increased,” stated.

Soon after the law minister presented the bill, voting was carried out despite the fierce opposition.

The development came as the ruling coalition continued to bring reforms in the country’s judicial structure with the latest being the 26th Constitutional Amendment — which changed the procedure for the appointment of the CJP, fixed the post's tenure, and formed constitutional benches.

Meantime, the bill to amend the Pakistan (Army/Air Force/Navy) Act Amendment, 2024, was presented in both houses by Defence Minister Khawaja Asif.

“The purpose of these amendments are to make consistent the Pakistan Army Act, 1952, The Pakistan Navy Ordinance, 1961 and The Pakistan Air Force Act, 1953 with the maximum tenure of the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff and to make consequential amendments for uniformity in the aforementioned laws,” stated the bill — a copy of which is available with Geo News.

Regarding the retirement age and service limits of services chiefs, including COAS, CNS, and CAS, the document read that the criteria prescribed for the senior military officers “shall not be applicable” to the army, navy and air force heads during their “tenure of appointment, reappointment and/or extension”.

Apart from this, both houses of parliament also adopted the Pakistan Air Force Act, 1953 and the Pakistan Navy Amendment Bill, 1961.

The bill seeking amendment to Pakistan Army Act, 1952 stated: “In the said Act, in section 8A, in sub-section (1), for the expression ‘three (03)’ the word ‘five (05)’ shall be substituted.”

Similarly, the bill aims to increase the length of time the service chief can be reappointed or have their tenure extended to five years, amending the Section 8B of the act.

“In the said Act, in section 8B, in sub-section (1)- 10 for the expression ‘three (03)’, occurring twice, the expression ‘five (05)’ shall be substituted,” it stated.

Furthermore, the government also proposed an amendment to Section 8C, which deals with the retirement age, which is 64 years, and service limits of service chiefs.

The proposed amendment reads: “The retirement age and service limits prescribed for a General, under the Rules and Regulations made under this Act, shall not be applicable to the Chief of the Army Staff, during his tenure of appointment, reappointment and/or extension. Throughout such tenure, the Chief of the Army Staff shall continue to serve as a General in the Pakistan Army.”

Following the passage of bills, NA Speaker Ayaz Sadiq adjourned the session till 11am tomorrow.