• In surprise move, tenures of army, air force and naval chiefs increased
• Amid changes to strength of superior judiciary, law minister says six to eight SC judges to be appointed in first phase
• Judges’ panel reconstituted under amended SC Practice and Procedure law
• Opposition protest fails to stop govt from pushing through bills ‘in record time’, without any debate
ISLAMABAD: The coalition government on Monday bulldozed half a dozen pieces of crucial legislation, through both houses of parliament, despite vociferous protest by the opposition, led by PTI.
Showing unprecedented haste, the government got all six bills — seeking to extend the tenure of the chiefs of the country’s three armed forces and increase the number of judges in the superior courts — passed from the National Assembly within 24 minutes, and then from the Senate in just 16 minutes, without allowing any debate.
The bills regarding the judiciary were tabled in both houses by Law Minister Azam Nazeer Tarar, while those related to the services chiefs were introduced by Defence Minister Khawaja Asif through supplementary agendas, after suspending the rules.
Though the bills regarding the increase in the number of judges were anticipated, the legislation to extend the tenure of all three services chiefs from three to five years came as a surprise.
Late night media reports suggested that acting President Yousuf Raza Gillani had signed all six bills into law, but there was no official word from the Presidency until going to press.
The National Assembly session started more than two-and-a-half-hours behind schedule because of separate meetings of the federal cabinet and the parliamentary party of the ruling PML-N, which preceded the sitting.
The bills passed by parliament included the Supreme Court Number of Judges (Amendment) Bill 2024; the Supreme Court Practice and Procedure (Amendment) Bill 2024; the Islamabad High Court (Amendment) Bill 2024; the Pakistan Army (Amendment) Bill 2024; the Pakistan Air Force (Amendment) Bill 2024; and the Pakistan Navy (Amendment) Bill 2024.
In light of these bills, the number of judges in the Supreme Court has increased from 17 to a maximum of 34 and from nine to 12 in the Islamabad High Court.
Besides this, the law minister also laid the Supreme Court Practice and Procedure (Amendment) Ordinance 2024 before the National Assembly.
No debate allowed
As soon as the law minister introduced the first bill related to the number of SC judges and highlighted some salient features, Speaker Ayaz Sadiq gave the floor to PTI Chairman Barrister Gohar Ali Khan. But the minister protested, declaring that he would not allow the opposition member to speak without first giving his point of view. In an apparent effort to provoke the opposition, the minister categorically announced that he would not let Barrister Gohar speak, if the speaker did not allow him to finish his speech.
Eventually, the speaker relented and allowed the law minister to continue, telling the protesting opposition members to hear out the minister. The speaker’s action prompted a strong protest by opposition members, who started gathering in front of his dais.
The opposition lawmakers raised full-throated slogans targeting the government and Prime Minister Shehbaz Sharif, who was surrounded by several treasury members to avert any possibility of physical contact.
The members also tore up the copies of the bills and agendas and tossed them in the air.
At one point, Information Minister Ataullah Tarar was seen exchanging hot words with PTI’s Shahid Khattak when the former started replying to slogans raised by opposition members.
The law minister said the amendment to increase the number of SC judges would help clear the backlog of cases.
Mr Tarar said various bodies of lawyers and the Supreme Court Bar Association had been demanding the same for long as “thousands of cases had been pending” in four registries of the SC.
He further said that a maximum of 34 SC judges could be appointed and the Judicial Commission of Pakistan (JCP) would decide the number of judges from time to time.
Moreover, he said, after the 26th Amendment allowing the formation of separate constitution benches, it was felt that more judges would be required in the apex court to clear the backlog.
SC Practice & Procedure
The five-page amendment bill has been passed in line with the 26th Amendment, ratified by parliament last month.
An important amendment to section 2 of the Supreme Court Practice and Procedure act reads as: “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 of the Islamic Republic of Pakistan…shall be heard and disposed of by a bench constituted by the committee comprising the chief justice of Pakistan, the most senior judge of the SC and the most senior judge of the constitutional benches”.
Through another amendment, the law has authorised the parliamentary committee to be formed under 26th Amendment to determine “through a speaking order” as to which cases should be referred to the constitutional benches. Besides this, the law also stated that the SC would hear the cases “on turn based on first in, first out, which is to say, the cases filed first shall be heard first.”
Extension in services chiefs tenure
After Mr Tarar, Defence Minister Khawaja Asif tabled the bills, aiming to extend the tenure of the chiefs of army navy and air force from three to five years.
According to the Pakistan Army Amendment Act 2024 seeking to amend the Pakistan Army Act 1953, a new section 8C has been inserted, which reads: “The retirement age and service limits prescribed for a general in the Pakistan Army shall not be applicable to the chief of the army staff (COAS), during his tenure of appointment, re-appointment and/or extension…”
The tenure of the army chief has been extended through amending 8A of the army act whereas another amendment to Section 8B of the said act reads as “(i) for the expression three (03), occurring twice, the expression five (05) shall be substituted; and (ii) after the expression ‘or’, the expressions ‘and/or’ shall be substituted.
The original draft of the said act amended in 2020 allowed a three-year extension in the tenure of the army chief.
Senate proceedings
Soon after the passage of the bills from the National Assembly, the two ministers rushed to the Senate to do the same and finished the job within minutes.
As part of the strategy, the house was presided over by PML-N’s Irfan Siddiqui in the absence of both the chairman and the deputy chairman.
Senate Chairman Syed Yousuf Raza Gilani is currently holding the post of the acting president in the absence of the incumbent, Asif Zardari, who is on complete bed rest in Dubai on doctor’s advice due to a leg fracture in his leg.
SALIENT FEATURES OF SIX BILLS PASSED BY BOTH HOUSES OF PARLIAMENT
Changes to Army, Air Force and Navy acts
• Tenure of all three services chiefs (chief of army staff, chief of air staff and chief of naval staff) to be five years, instead of three.
• Retirement age bar of 64 years (for generals, air chief marshals and admirals) won’t apply to these three functionaries; extensions, re-appointments for these posts (if any) will also be for five years.
• Tenure of Chairman Joint Chiefs of Staff remains unchanged, at three years.
Changes to SC Practice & Procedure Act
• Three-member body to fix cases reconstituted to include CJP, senior-most SC judge and senior judge of constitutional benches.
• Three-member committee comprising senior judge of constitutional benches and next two most senior judges to decide — through speaking order — whether matter falls within purview of constitutional bench, or not.
• Unless required by law, every matter before SC to be heard on ‘first in, first out’ basis, i.e. in chronological order.
Changes to number of judges
• Strength of Islamabad High Court raised from nine to 12 judges.
• Maximum strength of Supreme Court raised to 34 judges, including chief justice.
Published in Dawn, November 5th, 2024
