Services chiefs bills sail through NA with support of major parties

ISLAMABAD: The National Assembly on Tuesday accorded approval to three amendment bills to give legal cover to empower the prime minister to advice the president to appoint Chairman Joint Chiefs of Staff Committee (CJCSC) and three services chiefs and extend their tenure or re-appoint them for three years.

The National Assembly okayed the Pakistan Army Act (Amendment) Bill 2020; Pakistan Navy Act (Amendment) Bill 2020 and the Pakistan Air Force (Amendment) Bill 2020 with support of government members, allies and main opposition parties including the PML-N, PPP and others.

Prime Minister Imran Khan also made appearance at the House to become part of the crucial legislative business. The House approved three amendment bills with majority voice. The members of JUI-F, Jamaat-e-Islami (JI) and two members from tribal districts walked out of the assembly hall in protest as soon as the House started consideration of three legislation pieces.

The PML-N had already announced unconditional support to legislation, while the PPP on the request of Defence Minister Pervaiz Khattak, who moved three bills, agreed to withdraw its amendments. The PPP member, Syed Naveed Qamar, informed the House that the government delegation met them on Tuesday in view of the prevailing security situation and national interest, and the party leadership decided to withdraw all the amendments. The PPP also wanted to amend a clause which says that re-appointment and extension of the CJCSC and three services chiefs could not be challenged in any court. All the three amendment bills on becoming acts of the Parliament would takeeffect from November 27, 2019.

Following approval of three amendment bills by the National Assembly, Standing Committee of the Senate on Defence also passed the three bills. Now the Senate would take up three bills during today’s (Wednesday) proceedings.

President Dr Arif Alvi is also likely to sign bills the same day. As per Clause 8A of the Pakistan Army Act (Amendment) Bill, the president shall, on the advice of the prime minister, appoint a General as Chief of the Army Staff (COAS) for a tenure of three years. The terms and conditions of appointment of COAS shall be determined by the president, on the advice of prime minister. The Clause 8B deals with re-appointment and extension of tenure of COAS for three years.

“Notwithstanding anything contained in this Act or any other law for the time being in force, the president, on the advice of the prime minister, may reappoint the Chief of the Army Staff for additional tenure of three (03) years, or extend the tenure(s) of the Chief of the Army Staff up to three (03) years, on such terms and conditions, as may be determined by the president on the advice of the prime minister, in the national security interests or exigencies, from time to time,” the clause 8B said. It also says that anything contained in this Act or any other law, or any order or judgment of any court, the appointment, reappointment or extension of the Chief of the Army Staff, or the exercise of discretion by the appointing authority in this regard, shall not be called into question before any court on any ground whatsoever. The Clause 8C deals with retirement age of the army chief.”

“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 COAS during his tenure of appointment, reappointment, or extension, subject to a maximum age of sixty-four (64) years. Throughout such tenure, the COAS shall continue to serve as a General in the Pakistan Army,” the clause 8C said.

The clauses 8D, 8E and 8F provide for appoint, extension or re-appointment of CJCSC by the president, on the advice of the prime minister from amongst/Generals in the Pakistan Army, Admirals in the Pakistan Navy, or Air Chief Marshals in the Pakistan Air Force, for a tenure of three years and maximum age limit of his service. The Pakistan Air Force Act (Amendment) Act, 2020 taking effect from November 27, 2019 on becoming Act of the Parliament, provides for amendment in the Pakistan Air Force Act, 1953 and empowers the prime minister to advice the president appoint Chief of Air Staff of rank of Air Chief Marshal for three years, extend his tenure or reappoint him for another three years with maximum age limit of 64. The appointment and reappointment may not be called into question in any court of law. The Pakistan Navy Act (Amendment) Bill, 2020 on becoming act of the Parliament would take effect from November 27, 2019. It provides for amendment in the Pakistan Ordinance, 1961. It would empower the prime minister to advice the president to appoint for three years, reappoint or extend tenure of Chief of Naval Staff of ranking of Admiral in Pakistan Navy for another three years with retirement age of 64. The appointment or reappointment of the naval chief could also not be challenged in any court of law.

After their smooth sailing through the National Assembly, the three bills are poised for passage from the Senate today (Wednesday).

Minister for Parliamentary Affairs Azam Swati tabled the proposed pieces of legislation in the House amid shouts of no, no from the senators, belonging to the four parties, which are part of the formidable combined opposition. Senate Chairman Sadiq Sanjrani then referred them to the House Standing Committee on Defence for deliberations and report. The committee had its in-camera session to accord approval to the bills.

The National Party, JUI-F, JI and Pakhtunkhwa Milli Awami Party (PkMAP) are believed to be going against the bills.

“We may have informal discussions among our like-minded parties on the bills prior to resumption of the session and adopt a united strategy on the bills,” said one senator belonging to the National Party, who wished not to be named.

In the 104-member Upper House of the Parliament, the joint opposition commands decisive majority, but it stands divided on these bills.

Meanwhile, Special Assistant to PM on Information and Broadcasting Dr Firdous Ashiq Awan heaped praise on the opposition for backing the government in the passage of all the three bills.

She was talking to media persons, shortly after the passage of the key legislation in the National Assembly. She pointed out that today was an eye opener for the enemies of the country, as whenever Pakistan was in need of the political leadership; they stood by it and acted in greater national interest.

Dr Firdous continued that the National Assembly had passed the bills and this was reflective of the fact that when it came to the national interest and security, all political parties readied themselves for support to the government, putting aside their own interests.

She contended that the state institutions would be supported within the ambit of the Constitution and the law. “We shall continue supporting our institutions and not step back,” she remarked.

Minister for Science and Technology Fawad Chaudhry said the pieces of legislation would be passed in the Senate and become the law. He explained that afterwards, the government would hold talks with the opposition on proposed amendments to the National Accountability Ordinance, 1999. Fawad claimed that the constitutional amendment enacted by the Parliament could not be challenged.

Senator Fasial Javed underscored the need for a move towards what he called a constructive opposition in the country and remarked, “When the government goes astray, guide it. But when they are headed in the right direction, support it.”

Citing the Zainab Alert Bill, 2019, the senator contended that certain pieces of legislation, which were in greater public interest, were dragged through committees and precious time was wasted. He emphasised that the opposition should not let the bills concerning the well-being of people being dragged in standing committees.

Railways Minister Sheikh Rashid said the atmosphere of betterment for democracy has started in the country. He went on to say all the political parties have demonstrated unique responsibility and now the atmosphere of betterment for democracy has begun. He said the entire nation stands with the Army and it is a good omen.

Defence Minister Pervaiz Khattak said the bills have been unanimously passed. “No political party presented any amendment to the bill,” he said. He added that approval from the Senate on the amendment bills will be taken today (Wednesday).