Amid strong opposition from political parties and lawyers, the government is pushing for constitutional amendments, one of which proposes a three-year term for the Chief Justice of Pakistan (CJP). Key elements of the reform package include changes to the structure of the Supreme Court, high courts, and the Supreme Judicial Council, as well as provisions for transferring judges between courts.
On Monday, lawyers united in signing a public statement denouncing the controversial constitutional package, refusing to acknowledge the creation of a “federal constitutional court.”
The government initially planned to introduce the legislation in both the National Assembly and Senate today. However, despite intensive efforts over the weekend, they failed to secure the necessary support to table it as scheduled.
Nonetheless, one provision concerning the nominations and reappointments of the armed forces services chiefs, which the government is attempting to modify, has escaped notice.
The proposed amendment’s text regarding services chief is as follows:
- Amendment of Article 243 of the Constitution. In the Constitution, in Article 243, after clause (4), the following new clause (5) shall be inserted:
- “(5) The appointment, re-appointment, extension, service limits, retirement or removal of the services chiefs mentioned in clause (4) shall be in accordance with the provisions of the laws relating to the Armed Forces:
- Provided that such provisions existing on commencement of the Constitution (Twenty-sixth) Amendment Act, 2024, as aforesaid, shall not be amended, altered or repealed unless specifically authorized by an amendment in this clause.“
The proposed judicial reforms include the establishment of a new court, though only one of the 54 amendments (Amendment 47) pertains to the armed forces. Article 243, which outlines the control of the Armed Forces, is the first clause in this chapter. The article states that the government will command the Armed Forces, while the President will serve as the Supreme Commander.
Additional clauses grant the President authority to commission officers and appoint service chiefs on the advice of the Prime Minister, along with determining their salaries and allowances.
Under the proposed amendments, new terms like “appointment,” “re-appointment,” and “extension” will be incorporated into the constitution. While the existing law only addresses appointments, any extensions will be subject to the Army Act, which can be amended at any time through simple parliamentary action.
