Services chiefs to stay for 5 years, SC to have 34 judges

ISLAMABAD: The government got six separate bills passed by the National Assembly and the Senate with simple majority to increase tenure of armed services’ chiefs from three to five years, and enhance the strength of the Supreme Court to 34 judge, here on Monday.

The Pakistan Army (Amendment) Bill, 2024, to amend the Pakistan Army Act, 1952; the Pakistan Navy (Amendment) Bill, 2024 to amend the Pakistan Navy Ordinance, 1961, and the Pakistan Air Force (Amendment) Bill, 2024 to amend the Pakistan Air Force Act, 1953 were introduced in the National Assembly, taken into consideration and passed by the house on the same day.

Through motions in both houses, the rules required to refer the introduced bills to the standing committees concerned were suspended to take up for consideration at once. Defence Minister Khawaja Muhammad Asif moved the bills for adding the bills in order of the day of the two houses as a supplementary agenda. With an increase in tenure of service from three to five years, the chief of army staff (COAS) will now continue in service till November 29, 2027. He assumed charge as the chief of army staff (COAS) on Nov 29, 2022.

Chief of Naval Staff Admiral Naveed Ashraf, who was going to retire on Oct 7, 2023, would continue to command Pakistan Navy for another two years. With amendment to Pakistan Air Force Act, 1953, Chief of Air Staff Zaheer Ahmad Babar Sidhu, who was given one-year extension by Prime Minister Shehbaz Sharif till March 19, 2025, would now continue till March 19, 2026.

Amid uproar and sever protest by the opposition benches, the National Assembly passed amendments to Section 8A and 8B of the Pakistan Army Act, 1952, envisaging increase in service tenure of the army chief from three to five years.

An amendment to Section 8C says that “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, re-appointment or extension”.

Throughout such tenure, chief of the army staff would continue to serve as a general in the Pakistan Army. Section 8C states that “the retirement age and service limits prescribed for a general, under the rules and regulations, shall not be applicable to the Chief of the Army Staff, during his tenure of appointment, reappointment, or extension, subject to a maximum age of sixty-four (64) years”.

The National Assembly also allowed increase in service tenure of chief of naval staff through amendment to the Pakistan Navy Ordinance, 1961. An amendment to Section 14C says that the retirement age and service limits, prescribed for an admiral, under the rules and regulations, made under this Act, shall not be applicable to the chief of the naval staff, during his tenure of appointment, re-appointment or extension. Throughout such tenure, chief of the naval staff would continue to serve as an admiral in the Pakistan Navy.

For increase in service tenure of chief of the air staff, the National Assembly made amendments to the Pakistan Air Force Act, 1953. An amendment to Section 10C says that “the retirement age and service limits, prescribed for an air chief marshal, under the rules and regulations made under this Act, shall not be applicable to the chief of the air staff, during his tenure of appointment, re-appointment or extension”. Throughout such tenure, chief of the air staff would continue to serve as an air chief marshal in Pakistan Navy.

Statement of objects and reasons of three bills said that amendments were required to make consistent the Pakistan Army Act, 1952, Pakistan Navy Ordinance, 1961, and Pakistan Air Force Act, 1953, with the maximum tenure of three services’ chiefs and make amendments for uniformity.

Shortly after receiving the National Assembly’s nod, the Senate Monday passed the bill seeking amendments to the laws that deal with all three branches of the armed forces, extending the fixed tenure of services chiefs up to five years.

Later, Acting President Syed Yusuf Raza Gilani gave his assent to the six bills — Supreme Court Number of Judges (Amendment) Bill, 2024, the Supreme Court (Practice and Procedure) (Amendment) Bill, 2024, the Islamabad High Court (Amendment) Bill, 2024, the Pakistan Army (Amendment) Bill, 2024, the Pakistan Air Force (Amendment) Bill, 2024 and the Pakistan Navy (Amendment) Bill, 2024. The notification will be issued on Tuesday (today) .

Earlier, PMLN parliamentary leader Irfan Siddiqui presided over the eventful sitting, commenced with a delay of over two hours. The opposition members chanted slogans against the government and billed the rulers as thieves and slaves, asking them to be shameful and saying ‘no’ to the legislation.

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”.

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. 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 passage of bills, NA Speaker Ayaz Sadiq adjourned the session till 11am on Tuesday (today). Regarding increase in the number of judges in SC and high courts, Senate also passed a bill to increase number of judges up to 34 amid opposition’s protest, after its passage by the National Assembly.

Law Minister Azam Nazeer Tarar moved the judiciary-related bills for consideration and adoption in the House, whereas the opposition lawmakers threw torn up copies of the pieces of legislation towards the chair. Even some members moved close to the podium of the chair while the Senate’s security staff also moved in to avert chance of any unpleasant happening.

One of the bills sought to increase the number of judges in the SC up to 34 in a bid to clear the backlog of cases, and appoint judges to the constitutional benches. The law minister, earlier, tabled “The Supreme Court Number of Judges (Amendment) Bill, 2024” in the lower house of parliament, chaired by Speaker Ayaz Sadiq.

Highlighting the salient features of the bill, the law minister said under the amendment bill, the number of judges may be increased up to 34. He explained that the move was aimed at tackling the backlog of cases at the apex court and emphasised that the number of judges would 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.”

During today’s session, the House passed six bills including, “The Supreme Court Practice and Procedure (Amendment) Bill, 2024 and “The Islamabad High Court (Amendment) bill, 2024. Under the Islamabad High Court (Amendment) Bill, 2024, the minister said that the number of judges at the IHC has been enhanced from 9 to 12.

In addition to this, the minister also presented a bill seeking to amend the SC (Practice and Procedure) Act 2023. “On commencement of the Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024), the Supreme Court of Pakistan is mandated to hear constitutional cases specifically under Articles 184, I 85(3) and 186 of the Constitution of Islamic Republic of Pakistan,” read the bill.

“In order to make consistent the Supreme Court (Practice and Procedure) Act, 2023 (XVII of 2023) with the new constitutional mandate, it is required that the said Act of 2023 shall be suitably amended.”

It further said that the proposed amendments will encompass some of the amendments proposed by the said Ordinance and once the proposed bill is enacted, the said Ordinance will be withdrawn.

Earlier, the House transacted the lengthy agenda listed for the private members day, including legislative business as well as resolutions. The Senate passed The Factories Amendment Bill 2023, The Guardians and Wards Amendment Bill, 2024, The WAPDA University Islamabad Bill, 2024 and Pakistan Animal Science Council Bill, 2023.

Moreover, three bills were introduced and referred to the committees concerned and they are: The State-Owned Enterprises Governance and Operations Amendment Bill, 2024, the National Institute of Health (Re-organization) Amendment bill, 2024 and the Abandoned Properties (Management) Amendment Bill, 2024.

On the passage of the supplementary agenda, the House was prorogued sine die. Talking to a TV channel, Defence Minister Khwaja Asif said the extension in the tenure of the army chief would ensure continuity of policies that would go on to bring about stability in the country.

Speaking in Geo News programme ‘Capital Talk’, Rana Sanaullah, Adviser to Prime Minister on Political Affairs, said that the term of army chief has been “reduced and not enhanced”. “In the past, the terms of army chiefs were up to six to 11 years [...] Now the tenure has been shortened,” he said, while referring to the tenure of former army chiefs.

In response to a question regarding NA’s proceedings, he said the speaker asked the opposition to remain seated and listen and they will be given a chance to speak. “They were not in the mood to debate in the lower house.”

He further said that the opposition should have presented its amendments in the National Assembly on Monday. Lambasting the Pakistan Tehreek-e-Insaf (PTI) over the “Form-45 and Form-47” narrative, Sanaullah said why the former ruling party forgot that it “lost the 2018 election and remained in power for four years”.

PTI leader Shoaib Shaheen, speaking in the same programme, claimed that the opposition was “unaware” of the bill seeking amendments to the Pakistan Army Act. “They abruptly took the bill out of their pockets and tabled it.” “The PTI founder Imran Khan had admitted that the extension was a mistake,” he added.