Following parliamentary procedure to legislate on services chiefs' tenure victory for democracy: Bilawal
PPP leader says "all institutions who derive power from parliament have accepted parliamentary supremacy"
January 04, 2020
Pakistan Peoples Party (PPP) Chairperson Bilawal Bhutto-Zardari on Saturday said that by ensuring the parliamentary procedure was followed during the ongoing legislation on the services chiefs' tenure, proponents of parliamentary supremacy have secured a "victory for democracy".
In November 2019, when the Supreme Court had instructed the parliament to legislate on the army chief's tenure, it was expected that the federal government could have a hard time convincing the PPP and the Pakistan Muslim League-Nawaz (PML-N) — the two main opposition parties — to legislate on the matter.
However, neither the PPP nor the PML-N showed a great deal of resistance after Federal Minister for Defence Pervez Khattak on Friday presented the Pakistan Army (Amendment Act), the Pakistan Navy (Amendment Act) and the Pakistan Air Force (Amendment Act) in the parliament.
The PML-N had already decided to "unconditionally support" the amendments, while the PPP had merely insisted that "democratic legislative process" be followed.
Bilawal today explained his party's stance on the issue, claiming credit for not letting the bill be bulldozed through the parliament and deeming it a victory for democracy.
Also read: Senate, NA sessions rescheduled for Monday
"When I landed in Islamabad the PML-N & PTI had agreed to unconditionally pass the army act on Friday in both houses, ignoring parliamentary procedure, not even circulating the bill to all members or sending the legislation for committee oversight," Bilawal tweeted.
"I’m pleased all have now agreed that the bill will go back to NA committee, will also be reviewed by Senate committee and follow procedure of both houses. This is a positive that parliament that has been dormant for over a year is ready to legislate," Bilawal said.
The PPP chief had earlier reiterated that his party would only back the legislation if the proper parliamentary procedure for the passing of the bill was followed in the parliament.
Bilawal said that "all institutions that derive powers from parliament" had asked the parliament to legislate on the matter, adding that "these are important victories for those who have always battled for parliamentary supremacy and democracy."
The National Assembly is set to vote on the bills next week after they were approved by a NA Defence Commitee on Friday.
The amendments sought through the bills seek to make future extensions of army, navy and air force chiefs "airtight" as the bills state categorically that the decision to do so "shall not be called into question before any court on any ground whatsoever".
What amendments are being made to the armed services acts?
According to a copy of the Army Act (Amendment) Bill available with Geo News, an extension in the tenure of an army chief (and other services chiefs) will not be challenge-able in any court of law in the future if the bill is approved by both houses of Parliament.
Under clause 8-B of the bill, the president, on the advice of the prime minister, may “reappoint the Chief of the Army Staff for additional tenure of three (03) years, on such terms and conditions as may be determined by the president on the advice of the prime minister, in the national security interest or exigencies, from time to time”.
“Notwithstanding anything contained in this Act or any other law, or any order or judgement of any court, the appointment, reappointment or extension of the chief of the army staff, 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,' the bill states.
Cabinet approves amendments to bills
The federal cabinet, in an emergency meeting last week, had accorded its approval to the amendments required in the armed services acts under which the prime minister will be empowered to extend the tenure of all services chiefs, including the army, air force and naval heads.
Earlier last week, President Dr Arif Alvi had convened a session of the Parliament's upper and lower houses on a 24-hour notice. The move was unexpected as the upper house of the legislature had not met for 124 days apart from a requisitioned session.
SC directs govt to legislate on COAS tenure
Back in November, the apex court had asked the government to legislate on an extension in the COAS's services within six months, allowing General Bajwa to stay in office until then, after briefly suspending the notification of the extension in his tenure.
Prior to that, PM Imran in August had approved the extension in the COAS's services through an executive order. Former chief justice Asif Saeed Khosa had in late November taken up a petition 'in public interest', challenging the extension in service of the COAS.
Last month, after the top court issued the detailed verdict in the COAS case, the government had filed a review petition in the SC, pleading the court to form a larger bench to hear the case, and requesting it to keep the proceedings in-camera.
