Army chief’s tenure extended to 5 years

The government on Monday extended the tenure of the army chief from three to five years through an amendment to the Pakistan Army Act of 1952, and did away with the retirement age of a four-star general, allowing the country’s top soldier to remain in uniform beyond 64 years of age.
The first working day of the week not only saw major changes in the Army Act but the government also succeeded in passing two other pieces of legislations, one related to increasing the number of judges in the superior judiciary and the other amending the Practice and Procedure Act of the top court.
As per the amendments to the Army Act, the retirement age and service limits will not be applicable on the chief of army staff (COAS) during his tenure of appointment, reappointment and/or extension. It says that the COAS “shall continue to serve as a General in the Pakistan Army”.
Previously, Section 8C of the Army Act stated that the appointment, reappointment or extension was subject to a maximum age of 64 years. Now, not only the age bracket has been removed but the words “and/or” have been added between reappointment and extension, leaving the room for a longer stay in the office. Identical amendments have been made in the navy and air force laws.
The changes in the tenure of the army chief are also being seen as an attempt from the Pakistan Muslim League-Nawaz (PML-N)-led ruling coalition to end the guessing game if extension will be given or a new military chief will be chosen after every three years.
Similar views were expressed by Special Assistant to Prime Minister (SAPM) on Political Affairs, Rana Sanaullah. While talking to a private TV channel, Rana said that almost a year was spent whenever the matter of services chiefs’ appointment or extension surfaced.
The chiefs hardly served for two years because every third year was usually spent in lobbying, Rana said. “I think it’s a wise effort,” he continued. “The term of some other constitutional offices is up to five years; therefore, it was envisaged to increase the tenure of the services chiefs to five years as well.”
In past, Rana Sanaullah recalled, the army chiefs had ruled the country for around a decade, saying that six years’ tenures – three year term and three years extension – had almost become a routine now. “So, basically, it’s a reduction of a year rather than the increase,” he quipped.
Former caretaker information minister Murtaza Solangi, while talking to another media outlet, seconded the viewpoint expressed by Rana that speculations would have started from the next year. He stressed that increase in army chief’s tenure would help bring political stability.
Referring to positive economic indicators, Solangi said that it was necessary to bring political stability. He added that the increase in service had been given through legislation instead of following the previous trends when the prime ministers used to give extensions through letters.
Without mentioning ex-military chief Gen (retd) Qamar Javed Bajwa’s extension, he felt that making changes in the law was better than giving an extension via a letter, which could be challenged in the Supreme Court and then the top court could “illegally” give a six-month extension.
While talking to reporters at the Parliament House, Defence Minister Khawaja Asif defended the pas-sage of the bill, saying that it wasn’t a surprise because the government had done its homework be-fore tabling the bills.
He said that the key government ally, the Pakistan Peoples Party Parliamentarian (PPPP), was completely onboard. Asid added that Aimal Wali Khan of the Awami National Party (ANP) was also taken into confidence before passing the bills.
When reminded that PML-N leader and Punjab Chief Minister Maryam Nawaz used to say that she was not a part of “sin” of extension to the previous army chief during the Pakistan Tehreek-e-Insaf (PTI) tenure, Asif quipped that he was a part of that process as he had voted for the extension back then.
According to the Statement of Objects and Reasons, the purpose of these amendments is to bring consistency in the army, navy and air force laws with the maximum tenure of the COAS, naval and air chiefs and to make consequential amendments for uniformity in the laws.
Surprising as it may seem, the government rushed through the bills from both houses of Parliament by majority vote on Monday, evening amid intense protests from the opposition. However, despite the protests, the opposition didn’t make any efforts for sending the bills to the committees concerned.
After the National Assembly session, when asked if PTI opposed army chief’s extension, PTI Chairman Barrister Gohar Ali Khan said that he didn’t even know which bill was being tabled in the house.
Judicial matters
Through other legislative business, parliament made changes in the Supreme Court (Practice and Procedure) Act, 2023 and the Supreme Court (Number of Judges) Act of 1997 and passed the Islamabad High Court (Amendment) bill, 2024, to increase the number of its judges from nine to 12.
The Supreme Court (Number of Judges) Amendment Act, 2024, states that the “maximum number of Judges of the Supreme Court of Pakistan other than the Chief Justice shall be up to thirty-three.”
In view of the consistent increase in the litigation in Pakistan and budging pendency, the Statement of Objects and Reasons stated, it is necessary that number of judges in the Supreme Court shall be in-creased. 
The Supreme Court (Practice and Procedure) (Amendment) Act of 2024 stated that every cause, matter, petition, appeal or review application before the Supreme Court, other than those falling within clause (3) of Article 191A of the Constitution shall be heard and disposed of by a bench constituted by the committee, comprising the chief justice, the most senior Supreme Court judge and the most senior judge of the Constitutional benches.
Its statement of Objects and Reasons stated that the 2023 act has suitably been amended in order to make it consistent with the 26th Constitutional Amendment, which brought changes in the selection of chief justice of Pakistan as well as established constitutional benches within the top court.
Currently, the IHC has nine judges plus the chief justice. In view of the consistent increase in the litigation in Islamabad and as it is growing into a cultural and business hub coupled with growth of population, its statement of Object and Reasons states, it is imperative that the number of IHC judges be in-creased.
Presidential assent
Acting President Syed Yousuf Raza Gilani signed the amendment bills passed by both house of parliament late in the night after which those bills had been enacted in the country as acts of parliament.
In six amendment bills were tabled by the government and passed by the National Assembly and the Senate. Later the bills were sent to the President’s Office for his assent. Acting President Gilani signed them late in the night.