Minister for Defence Pervaiz Khattak Friday introduced three separate bills in the National Assembly to amend Pakistan Army Act, 1952, Pakistan Air Force Act, 1953, and Pakistan Navy Ordinance, 1961, allowing for extension in the tenures of the chiefs of all three armed forces.
The minister presented the bill after the House suspended its regular proceedings on a motion moved by Minister of State for Parliamentary Affairs Ali Muhammad Khan.
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’.
The three bills will also determine the tenure, reappointment or extension in tenure of the Chairman of Joint Chiefs of Staff Committee.
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.
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.
The Pakistan Navy Amendment Bill, 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.
The bills were presented in the National Assembly in light of the Supreme Court’s judgment of November 28, 2019, passed in the constitution petition No 39 of 2019.
The bills shall come into force at once and shall be deemed to have taken effect on November 27, 2019.
According to the bills, notwithstanding, anything contained in these acts or any other law, or any order or judgment 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.
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 64 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 64 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 64 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 amongst 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.
Meanwhile, the National Assembly and Senate’s joint Standing Committee on Defence approved the three bills pertaining to amendments to the Army Act, the Navy Act and the Air Force Act. The bills, pertaining to the tenure of the three services chiefs, were approved unanimously by the committee. The bills were passed with consensus in the joint meeting chaired by Captain (r) Jameel and Senator Waleed Iqbal at the Parliament House.
