National Assembly green-lights key military-related bills

The amendments ensure that the services chiefs, CJSCS re-appointment & extension cannot be challenged in any court

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The National Assembly on Tuesday approved three amendment bills concerning tenures of the services chiefs and chairman joint chief of staff committee.

Federal Minister for Defence Pervez Khattak tabled amendments to the Pakistan Army Act 1952, Pakistan Air Force Act 1953 and Pakistan Navy Ordinance 1961 after the legislative bills sailed through the National Assembly’s Standing Committee on Defence for the second time on Monday.

The Pakistan Tehreek-e-Insaf government proposed the bills following the Supreme Court’s verdict calling for giving a legal cover to Chief of Army Staff General Qamar Javed Bajwa’s extension through the Parliament within six months.

NA session

As the session began, Pakistan Peoples Party (PPP) leader Naveed Qamar said the party had decided to withdraw its recommendations and support the bills as is after reviewing the country and regional situation. "We have taken a unified stance to not oppose the bill," he said.

Members of the Parliament from the tribal districts, Jamaat-e-Ulema-Islami Fazl (JUI-F) and Jamaat-e-Islami (JI)  the bill and staged a walk out.

PPP chief Bilawal Bhutto Zardari, former premier Shahid Khaqan Abbasi, Ahsan Iqbal and Khawaja Saad Rafique stayed away from the NA session.

Amendment politics

The federal government’s efforts for a smooth sail hit a roadblock when Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif advised his party to adhere to parliamentary procedure and not pass the bill in haste. Nawaz had laid down a time-frame for the bill to be considered and voted upon.

But the expedited timeline agreed between the treasury and the opposition benches entails that the amendment bills will be introduced in the Senate today only.

The bills will be referred to the upper house’s committee on defence – with the expectation that the amendments will be approved on the same day.

Once the amendment bills are passed by Senate, likely on Wednesday, the documents will be sent to the president to be signed into legislature.



The amendment bills in a nutshell

The new amendment states that the president, on the advice of the prime minister, can specify tenure and terms and conditions of the service of the army, naval and air staff, and the chairman of the joint chief of staff committee. This includes the grant of extension and re-appointments of the services chiefs. The amendment also fixes the age of the services chiefs at 64 years.

Most importantly, the amendment bill ensures that future extensions won't be challenged before any court on any ground whatsoever.

The water-tight bill categorically states: “Notwithstanding 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.”

Similar wording has been used if the civilian leadership decides to give an extension to the CJCSC.