- The legislation sets a maximum age of 64 for the chiefs of the army, air force and navy
- The bill will now be presented in the Senate for approval
- It will become law once the president approves it after the Senate passes it
- Armed forces chiefs can now be given extension for three years
- The government's decision regarding extension cannot be challenged in the court
Dubai: National Assembly of Pakistan on Tuesday has passed a crucial law which will ensure the ‘controversial, extension of Pakistan Army Chief Genral Qamar Javed Bajwa for an another three years.
The lower house in the presence of Pakistan Prime Minister Imran Khan passed three separate bills to amend the Pakistan Army Act 1952, Pakistan Air Force Act 1953 and Pakistan Navy Ordinance 1961, allowing for extension in tenure of three services chiefs, reported APP, Pakistan’s official news agency. The the new law limiting the maximum age and tenure of the country armed forces’ chiefs is a significant move to ensure ‘seamless’ extension of armed forces chiefs whenever necessary to do so by the elected government.
The legislation came after the supreme court last year challenged Prime Minister Imran Khan’s decision to extend the appointment of army chief General Qamer Javed Bajwa, 59, by a further three years. The court also gave six-month extension to General Bajwa on the condition that the law must be approved in the parliament. It means that no General Bajwa’s extension will get through and he will continue to serve for another three years.
The legislation also sets a maximum age of 64 for the chiefs of the army, air force and navy. They normally retire at the age of 60 but now will be able to serve until the age of 64 if they are given extension by the government.
The bill will be tabled in the Senate (the Upper House of the parliament), where it is expected to pass smoothly before being signed into law by the Pakistan President.
Despite religious party members, including Jamiat Ulema-i-Islam-Fazl (JUI-F), Jamaat-i-Islami and representatives from the erstwhile Federally Administered Tribal Areas (Fata), walking out of the NA declaring the lower house to be "fake", all three bills were approved, Dawn reported
In a tweet, a North Waziristan MNA Mohsin Dawar said prior to walking out of the National Assembly, they had voted against the Pakistan Army (Amendment) Bill 2020.
What is the new law
The Minister for Defence Pervaiz Khan Khattak presented the bills in the House. The three bills introduced in the House were Pakistan Army (Amendment) Bill 2020, Pakistan Air force (Amendment) Bill 2020 and Pakistan Navy (Amendment) Bill 2020.
These bills also determined the tenure, reappointment or extension in tenure of the Chairman Joint Chiefs of Staff Committee. Earlier, the Chairman Standing Committee on Defence Amjid Ali Khan presented the reports of the Standing Committee on these bills which were referred to it on January 3, 2019 after introduction in the House. The legislators of Mutahidda Majlis-e-Amal and two independents from erstwhile FATA walked out from the Assembly.
Pakistan Army Amendment Bill
According to the statement of objects and reasons of the three bills, the Pakistan Army Amendment Bill 2020 seeks to amend the provisions of the Pakistan Army Act, 1952, so as to empower the President, on the advice of the Prime Minister, to specify the tenure and terms and conditions of service of the Chief of the Army Staff or the Chairman Joint Chiefs of Staff Committee including the grant of extension and re-appointment of the Chief of the Army Staff or Chairman Joint Chiefs of Staff Committee.
Pakistan Air Force Amendment Bill
The Pakistan Air Force Amendment Bill 2020 seeks to amend the provisions of the Pakistan Air Force Act, 1953 so as to empower the President, on the advice of the Prime Minister, to specify the tenure and the terms and conditions of service of the Chief of the Air Staff or Chairman Joint Chiefs of Staff Committee, including the grant of extension, and re-appointment of the Chief of Air Staff or the Chairman Joint Chiefs of Staff Committee.
Pakistan Navy Amendment Bill
The Pakistan Navy Amendment Act 2020 seeks to amend the provisions of the Pakistan Navy Ordinance, 1961 so as to empower the President, on the advice of the Prime Minister, to specify the tenure and the terms and conditions of service of the Chief of the Naval Staff or the Chairman Joint Chiefs of Staff Committee including the grant of extension, and re-appointment of the Chief of the Naval Staff or the Chairman Joint Chiefs of Staff Committee.
Why the parliament passes the bills
The bills were presented in the National Assembly in light of the Supreme Court’s judgement November 28, 2019, passed in the constitution petition No. 39 of 2019. These pieces of legislation, after passage by the Parliament and assented by the President, shall come into force at once and shall be deemed to have taken effect on November 27, 2019.
How it works
The President appoints the Services Chiefs on the advice of the Prime Minister for a tenure of three years and their tenures would be extendable to further three years. The President on the advice of the Prime Minister would also determine the terms and conditions of the Services Chiefs in the national security interest or exigencies from time to time.
Cannot be challenged in the court
According to the bills, notwithstanding, anything contained in these acts or any other law, or any order or judgement of any court, the appointment, reappointment or extension of the army, air force or navy chiefs, 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.
Maximum age
According to the bills, the retirement age and service limits prescribed for a General, under the rules and regulations made under the act, 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 years. Throughout such tenure, the Chief of the Army Staff shall continue to serve as a General in the Pakistan Army.
The retirement age and service limits prescribed for an Air Chief Marshal, under the Rules and Regulations made under the act shall not be applicable to the Chief of the Air Staff, during his tenure of appointment, reappointment or extension, subject to a maximum age of sixty four years. Throughout such tenure, the Chief of the Air Staff shall continue to serve as an Air Chief Marshal in the Pakistan Air Force.
The retirement age and service limits prescribed for an Admiral, under the rules and regulations made under this ordinance, shall not be applicable to the Chief of the Naval Staff, during his tenure of appointment, reappointment or extension, subject to a maximum age of sixty four years. Throughout such tenure, the Chief of the Naval Staff shall continue to serve as an Admiral in the Pakistan Navy.
The President may on the advice of the Prime Minister appoint a Chairman of the Joint Chiefs of Staff Committee from among 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
The term for a military chief is supposed to be three years, but Bajwa was the latest in a long line of generals to see their tenure extended. Bajwa was appointed to lead the military in 2016, taking over from the popular General Raheel Sharif.
With inputs by Agencies
