Mohammad Jamil
THE National Assembly and the Senate have ap
proved all three amendment bills concerning the
tenure of Service Chiefs and Chairman of Joint Chiefs of Staff Committee (CJSCS) with thumping majority, as both the members of PTI government and members of major opposition parties voted in their favour. In its 28th November order, the Supreme Court, while awarding a six-month extension to Army Chief General Qamar Javed Bajwa, and ordered to refer the matter to Parliament. After a lot of debate, the then Chief Justice Asif Saeed Khosa had given the government a six-month deadline to formulate laws and redefine the Army Act’s clauses about Army Chief’s retirement and extension. Supreme Court’s verdict was criticized by many legal and constitutional experts; yet the PTI government decided to work in accordance with the instructions given by the Apex Court and approached the opposition parties to amend the Army Act.
It appears that the government and the opposition parties wanted to ensure that Judiciary works within the parameters defined in the Constitution and does not interfere in the affairs of Executive. With the measures taken by the government, and especially with the news of political harmony, Pakistan Stock Exchange index has shown tremendous improvement when other prominent markets in the world are facing a decline. This supports the argument that Pakistan’s economy will tremendously improve in 2020 and onwards. Meanwhile, Foreign Direct Investment (FDI) is on positive trajectory and Pakistan’s move from a consumer economy to manufacturing industry will bring about economic stability in Pakistan. Indeed, political parties of Pakistan have shown maturity and poised to work for national unity and political cohesion. Opposition parties have realized that today it is PTI’s PM but tomorrow it could be PML-N or PPP’s PM to appoint or reappoint the services chiefs.
It is true that the previous law did not define the retirement age-limit for the chiefs of armed forces. Earlier in 1956, 1962 and even in 1973 Constitution, the authors of the Constitution had in their wisdom left the matter of appointment and extension of Army Chief to the judgment of the Prime Minister of Pakistan. However, the then CJP deemed it important to fix the tenure of Army Chief, and amend the Army Act to resolve the issue of extension. Anyhow, the amended bill has set 64 years as a limit; perhaps apex court’s order provided opportunity to increase the retirement date. It empowers the President to reappoint or extend the tenure of all chiefs and CJCSC on premier’s advice. No court will be allowed to question the President or Prime Minister’s discretion on the reappointment of chiefs on ‘any ground whatsoever.’
It should be borne in mind that geo-politics surrounding Pakistan is extremely critical which does not require State to get involved in petty internal disputes, but to concentrate on looming global disaster in the making on our western and eastern borders. Anti-State activists are leaving no stone unturned to destabilize Pakistan in these critical times, and support our enemy’s narrative. The consensus and joint efforts by mainstream political parties is being appreciated by the general public. This whole process is supportive of the argument that how democracy is gaining strength in Pakistan, something which the enemies of Pakistan cannot digest easily. Therefore, for the sake of stability, prominent political parties have left behind petty issues and are in favor of strengthening Pakistan. Yet some analysts and so-called liberals are criticizing the PML-N and PPP for supporting the bill, and remind them of their previous narrative.
Most of the channels showed footages of PML-N leader Nawaz Sharif in which he had criticized establishment and vowed to establish civilian supremacy. They questioned whether by lending support to the bill unconditionally was the way to establish supremacy of the Constitution? If PML-N has abandoned the course of confrontation with the institutions, it should be appreciated, as the environment of cooperation would help resolve other important issues such as appointment of NAB Chairman, Chief Election Commissioner and others. Of course, PPP and the PML-N or any other party would stand for sovereignty of Parliament, and would not like that Judiciary should meddle in the affairs of executive, as today it is PTI’ Prime Minister tomorrow it could be PPP’s or PML-N’s Prime Minister. It is heartening to note Pakistan Stock Market’s rise rupee’s stability against the dollar and that Pakistan’s economy will tremendously improve in 2020.
On 17 December 2016, the Government of India appointed Bipin Rawat, the 27th Chief of the Army Staff, superseding two more senior Lieutenant Generals, Praveen Bakhshi and P M Hariz. He took office of Chief of Army Staff on 31 December 2016, after retirement of General Dalbir Singh. Government rules say seniority and merit are the twin pillars for appointment of chief of 1.3 million-strong Indian Army. Governments invariably followed the tradition of seniority, so much so that one Army Chief Rajendrasinhji Jadeja served only for 43 days in 1955. In the past, the Indira Government had violated this unwritten seniority principle just once in 1983, when Prime Minister Indira Gandhi’s government appointed General Arun Vaidya as Army Chief over the senior-most army commander Lt General SK Sinha. But there was neither media trial nor his appointment was challenged in the court, as it was not a matter of public interest.
—The writer is a senior journalist based in Lahore.
