The government of Pakistan rushes bills in NA, Senate on strength of Supreme Court judges, 5-year term of armed forces’ chiefs
The National Assembly of Pakistan passed six significant bills on Monday, including one that proposes increasing the number of Supreme Court judges and another that extends the terms of military chiefs, despite strong opposition protests. Later, the Senate also passed these amendment bills. If President Asif Ali Zardari signs them into law, the proposed changes — such as extending the tenure of armed forces chiefs from three to five years and allowing for five-year extensions and reappointments — will apply to all current service chiefs.
Overview of the Bills
The six bills passed by both the National Assembly and the Senate include:
- 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
- The Pakistan Navy (Amendment) Bill, 2024
The first bill, which calls for increasing the number of judges in the Supreme Court, was introduced by Law Minister Azam Nazeer Tarar. The proposal aims to increase the total number of judges from 17 to 34, in response to the backlog of cases that need to be heard. According to the government, the increase in judges will help clear this backlog and ensure that the Supreme Court has sufficient capacity to form constitutional benches, especially after the 26th Amendment.
The government also emphasized that this change has been recommended by the legal community, including the Supreme Court Bar Association, to help alleviate the heavy case load at court registries in cities like Karachi, Quetta, Peshawar, and Lahore.
Key Changes in the Armed Forces Acts
The government also introduced amendments to extend the terms of the military chiefs. The new rules will increase the tenure of the Chiefs of Army, Navy, and Air Force from three to five years. Additionally, the retirement age limit of 64 years for these positions will no longer apply, allowing them to continue their service until the end of their tenure, extension, or reappointment. However, the Chairman of the Joint Chiefs of Staff will still serve a three-year term.
These amendments are designed to bring uniformity to the rules governing the top military officers across the Army, Navy, and Air Force.
Judicial Reforms
In addition to changes in the military, the government passed bills related to judicial reforms:
Supreme Court Practice & Procedure Act Changes: The proposed amendments will reform the structure of Supreme Court benches and introduce new rules for case management, including a “first in, first out” rule for case scheduling.
Increase in Judges: The Islamabad High Court’s strength will rise from nine to 12 judges, while the Supreme Court can have a total of 34 judges, including the Chief Justice.
Additionally, the Supreme Court’s structure will be expanded to include the creation of constitutional benches, as outlined in the 26th Amendment, which restricts the Chief Justice’s powers and sets the term of office at three years.
Opposition and Criticism
The passage of these bills was met with fierce opposition from various political parties, including the Pakistan Tehreek-e-Insaf (PTI), which condemned the move. PTI Chairman Barrister Gohar Ali Khan called it a shift from democracy to monarchy, while the party’s leader in the National Assembly, Omar Ayub Khan, criticized the extension of the military chiefs' tenure as detrimental to the country and its armed forces.
Other political groups, such as Jamaat-i-Islami, also voiced strong objections, with Senator Mushtaq Ahmad Khan suggesting that the legislation paved the way for a legal martial law in Pakistan.
Legal Experts' Concerns
Legal experts have expressed concerns about the amendments, particularly regarding the government's potential influence over the judiciary. Lawyer Rida Hosain argued that the focus on increasing the number of Supreme Court judges under the pretext of addressing case backlogs was misleading, as most pending cases are at the district level, not the Supreme Court. Other legal analysts, such as Barrister Asad Rahim Khan, described the amendments as part of a broader attempt to undermine judicial independence and to control the judiciary.
Lawyer Abdul Moiz Jaferii emphasized that the amendments aimed at increasing the number of judges could be seen as a method of "packing" the Supreme Court to ensure favorable rulings for the government. Furthermore, Jibran Nasir pointed out that the amendments to the Constitutional Bench’s formation would allow the government to have more control over the judiciary, especially through an executive-heavy Judicial Commission, which could potentially make it easier to handpick judges.
Conclusion
The passage of these bills has raised significant concerns about the future of judicial independence and the balance of power in Pakistan. While the government claims that the reforms are intended to improve efficiency and address case backlogs, critics argue that they are part of a broader effort to control the judiciary and secure the government’s interests in both the legal and military spheres. The opposition and legal experts continue to challenge these changes, warning of long-term consequences for the country's democratic and legal framework.
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