Extension of army chief, Supreme Court gives easy solution

ISLAMABAD (Ansar Abbasi) The Supreme Court's decision to extend the term of extension of the chief of army has been proposed instead of a constitutional amendment, instead of a constitutional amendment and an extension clause has been world ahmed
 Extension of army chief, Supreme Court gives easy solution

However, if the government fails to legislate with respect to the required law within 6 months, the term of army chief shall remain for three years under any extension clause.current world news

In such a situation, Army Chief General Qamar Javed Bajwa will retire on May 28, 2020, as he has been given protection for 6 months in the decision.current world news

The decision states that:… If the Federal Government convinces the Attorney General that the terms and conditions of the Constitution Petition No. 39-of-2019-42 with respect to the services of a General within 6 months are valid by Parliament. In the event of failure to regulate under the constitution, the case of the term of the Constitution of the Chief of Army Staff cannot be left permanently without such supervision. It would be absurd and constitutional nonsense.

Therefore, in the event of such failure by the federal government, the tradition of a general retiring after the completion of his three-year term, which the Attorney General has also argued, will remain so that General Bajwa's term and As a result, his tenure as Chief of Army Staff, from being promoted to General, may be regulated from November 29, 2016 to the appointment of Army Chief.

And the President, on the advice of the Prime Minister, will appoint a new Army Chief of the General Services. The aforesaid paragraph in the judgment states that in the absence of the required legislation by the government, there will be a three-year term for the Army Chief and there should be no extension clause.current world news

In the following paragraphs of the decision, the Army Chief has been asked by the Government regarding the terms of employment and extension clause to formulate simple laws and rules and the constitutional amendment has been rejected.

"The law does not include any mention of a general's retirement age and term of office. According to institutional traditions, a general retires after completing a three-year term.

Although institutional traditions are not a legitimate alternative to law, they should be made a part of sub-clause number three of Article 243 لیکن, but in the absence of such a law, this tradition can be enforced so as to refer to the term of a general. To eliminate uncertainty and enable the constitutional post of Chief of Army Staff.

However, the matter should be regulated according to the law as per the procedure laid down by the legislature.

The following are the passages under which the extension of service chiefs in the past did not receive legal protection:… 5) the absence of a law to grant the term of a general and an additional term. The summons presented by the Ministry of Defense, which was approved by the President, the Prime Minister, and the Cabinet for the reappointment, extension and appointment of General Bajwa, appear meaningless and have no results.

6) Regulation No. 255 of the Army Regulations (Rules) does not, in its original and modified state, authorize the Federal Government to extend the rank of a general.

Regulation allows for short-term arrangements only on a temporary basis, even if done in the public interest. 7) Regulation No. 255 and the other Regulations of the Army Regulations (Rules) on the subject of "Retirement" are in conflict with the Pakistan Army Act as the issue of "Retirement" in section 176 of the Pakistan Army Act rolls over. Regulation is mentioned under and not under the Regulations.

Regulations can be made only for matters that do not fall into the Rules category.