Will govt undo 2020 legislation allowing extension to services chiefs?

ISLAMABAD: In closed circles within the government, there has been a discussion to undo the 2020 amendments to the laws governing defence forces that allow the prime minister to extend the tenure of services chiefs.

An informed source said that among a few in the government, this topic came under discussion and there is a possibility that in the next few weeks the matter would be discussed in a wider circle to decide about undoing of amendments made in Army Act, Navy Act and Air Force Act in January 2020.

As per the 2020 amendments, the appointment of the chairman of the joint chief of staff committee and the services chiefs would be the prerogative of the prime minister, and his decision to appoint, reappoint or extend the tenure of chiefs and chairman cannot be challenged in any court of law. These amendments had also fixed the upper age limit of four star appointment at 64 years in the case of reappointment and extension.

On November 26, 2019, the Supreme Court of Pakistan had delivered an unprecedented judgment on the legality of the extension and re-appointment of the Chief of the Army Staff. After three days of hearings, the SC gave its verdict in the case and declared that there was a gap in the law when it came to the extension of the duration of tenure of the COAS. The SC then allowed a period of six months to the legislature to formulate a law to address this gap.

In response to this verdict, Parliament amended the relevant laws which for the first time allowed the chief executive through an act of law to extend the tenure of four star generals. Barring a few small political parties, the relevant laws were amended with the overwhelming support of Parliament including all major political parties like PTI, PMLN and PPP.

However, later there has been criticism of both the SC’s judgment and the subsequent amendment made by Parliament. Strangely for his personal political gains, Imran Khan wants the incumbent army chief to continue even beyond November 29, 2022 until the new elections are held and the next elected government comes into power. What Imran Khan suggests is possible under the amendments made in 2020, however, the army chief has already conveyed to the concerned, in the government, that he would not accept any further extension and would retire by the end of next month.

While Imran Khan wants Gen Bajwa to continue because the PTI chairman is eager to appoint the next army chief after winning the next election, some in the ruling coalition were also eager to continue with the sitting army chief. The army chief, however, decided to retire without further extension of even a single day. Undoing the 2020 amendments to the defence forces laws is possible through ordinary legislation that means the majority of those present in Parliament.