Javed Ch ; Everything will be alright 11-10-24

 

Why we cant make the right decisions! Rao Manzhar Hayat 11-3-24

 

NA/Senate Passed six bills; SC Judges; IHC; Services Chief

 The National Assembly on Monday passed six bills, including one seeking an increase in the number of Supreme Court judges and another related to the extension of the terms of armed services chiefs, amid deafening protest by the opposition.

A few hours later, the Senate also passed the amendment bills. If President Asif Ali Zardari signs off on them, the changes — including to length of tenure (five years instead of three) as well as period of extension and reappointment (five years instead of three) — would apply to all current armed forces chiefs.

The six bills passed

• 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, related to the increase in the number of top court judges, was presented in the NA by Law Minister Azam Nazeer Tarar, who said that the government had proposed increasing the number of judges from 17 to 34.

According to the Supreme Court (Number of Judges) Act, 1997, “the [maximum] number of Judges of the Supreme Court of Pakistan other than the Chief Justice shall be sixteen.”

The maximum number of Judges of the Supreme Court of Pakistan other than the Chief Justice shall be up to thirty-three, the proposed bill read.

“This amendment will increase the number of judges in the Supreme Court up to 34, so that the backlog of cases can be cleared, and that after the 26th Amendment, we can have judges to form the constitutional benches,” Tarar said.

“Our bar lobbies and the SCBA (Supreme Court Bar Association) have been recommending this for a while now so that the four-bar court registries in Karachi, Quetta, Peshawar, and Lahore can relieve their thousands of pending cases. This number has been left open for the judicial commission,” the minister went on to say.

Soon after the law minister presented the bill in the assembly and finished his speech, voting on the bill was carried out despite the opposition fiercely protesting.

The proposed amendments to the Supreme Court (Practice and Procedure) Act, 2023, expanded the existing act to include additions made in the 26th Amendment, such as the introduction of constitutional benches.

SALIENT FEATURES OF BILLS PASSED BY BOTH HOUSES OF PARLIAMENT

Changes to Army, Air Force and Navy acts

• Tenure of all three services chiefs (chief of army staff, chief of
  air staff and chief of naval staff) to be five years, instead of
  three.
• Retirement age bar of 64 years (for generals, air chief marshals
  and admirals) won’t apply to these three functionaries;
  extensions, re-appointments for these posts (if any) will also be for five years.
• Tenure of Chairman Joint Chiefs of Staff remains unchanged, at
  three years.

Changes to SC Practice & Procedure Act

• Three-member body to fix cases reconstituted to include CJP, senior-most SC judge and senior judge of constitutional benches.
• Three-member committee comprising senior judge of constitutional benches and next two most senior judges to decide – through speaking order – whether matter falls within purview of constitutional bench, or not.
• Unless required by law, every matter before SC to be heard on ‘first in, first out’ basis, i.e. in chronological order.

Changes to number of judges

• Strength of Islamabad High Court raised from nine to 12 judges.
• Maximum strength of Supreme Court raised to 34 judges, including chief justice

The bill sought to add Article 191A of the Constitution — the creation of constitutional benches — to the preamble. The preamble in the 2023 act read: “[…] Article 191 of the Constitution provides that subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Supreme Court.”

Additionally, an amendment to sub-section (2) of Section 1 was proposed to ensure that the act came into force at the same time as the Constitution (Twenty-sixth Amendment) Act, 2024.

Moreover, the bill sought to expand subsections (1) and (2) of Section 2 to include the constitutional benches. According to sub-section (1), “Every cause, appeal or matter before the Supreme Court shall be heard and disposed of by a bench constituted by the Committee comprising the chief justice of Pakistan and two next most senior Judges, in order of seniority.”

This committee would be expanded to include, “The most senior judge of the constitutional benches” in the proposed bill. Conditions were included in case the seniormost judge on the constitutional bench had not been nominated — in which case the chief justice and second-most senior judge would make up the committee — and that the chief justice can nominate any Supreme Court or constitutional bench judge “if a member declines to sit on the committee”.

The bill would also insert a new section, Section 2A, into the existing act, which outlined the practice and procedure of the constitutional benches. “Where a question arises as to whether a cause, matter, petition, appeal or review application … is to be heard and disposed of by a Constitutional Bench or another Bench of the Supreme Court, the committee constituted under clause (4) of Article 191A of the Constitution shall … determine the question…

“… If it decides that a matter falls within clause (3) of Article 191A of the Constitution, [it can] assign it to a Constitutional Bench for hearing and disposal … [if it] does not fall within clause (3) of Article 191A of the Constitution, [it can] send it to the Committee constituted under section 2 for disposal by another Bench.”

The bill adds that the registrar of the Supreme Court shall provide the “requisite administrative and secretarial support to the constitutional benches” and subject to the availability of judges, constitutional benches shall comprise an equal number of judges from each province.

The 26th Constitutional Amendment, also known as the Constitutional Package, stripped the Supreme Court’s suo motu powers, set the chief justice of Pakistan’s (CJP) term at three years and empowered the prime minister to appoint the next CJP from among the three most senior SC judges.

It also enabled the creation of constitutional benches in the Supreme Court through the newly inserted Article 191A.

The Amendment was passed by the Senate with a two-thirds majority on October 20, with an equivalent majority by the National Assembly in the wee hours of October 21.

Amendment to acts related to armed forces

Defence Minister Khawaja Asif also tabled the amendment bills, aiming to extend the tenure of the chief of army staff, chief of naval staff, and chief of air staff from three to five years.

The government brought all the bills in the NA session through a supplementary agenda.

According to the Army Act Amendment Bill, 1952, the rules of retirement of a general in the Pakistan Army will not apply to the army chief, who will continue to work as a general in case of appointment, re-appointment or extension.

Apart from this, the House also approved the Pakistan Air Force Act, 1953 and the Pakistan Navy Amendment Bill, 1961, by a majority vote.

According to the statement of objects and reasons, “The purpose of these amendments is to make consistent the Pakistan Army Act, 1952 … The Pakistan Navy Ordinance, 1961 … and The Pakistan Air Force Act, 1953 … with the maximum tenure of the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff and to make consequential amendments for uniformity in the aforementioned laws.”

The proposed bill to amend the Army Act, the Pakistan Army (Amendment) Act, 2024, aims to extend the tenure of the Chief of Army Staff from three to five years.

“In the said Act, in section 8A, in sub-section (1), for the expression ‘three (03)’ the word ‘five (05)’ shall be substituted,” the bill said.

Sub-section 1 of Section 8A states that “the President shall, on the advice of the Prime Minister, appoint a General as the Chief of the Army Staff, for a tenure of three (03) years.”

Similarly, the bill aims to increase the length of time the service chief can be reappointed or have their tenure extended to five years, instead of three as outlined in Section 8B.

Section 8B of the Army Act reads as follows: “The President, on the advice of the Prime Minister, may reappoint the Chief of the Army Staff for additional tenure of three (03) years, or extend the tenure(s) of the Chief of the Army Staff up to 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.”

“In the said Act, in section 8B, in sub-section (1)- 10 for the expression ‘three (03)’, occurring twice, the expression ‘five (05)’ shall be substituted,” the 2024 bill read.

An amendment was also proposed to Section 8C, which deals with the retirement age and service limits of service chiefs.

Section 8C states, “The retirement age and service limits prescribed for a General, under the Rules and Regulations made under this Act, shall not be applicable to the Chief of the Army Staff, during his tenure of appointment, reappointment, or extension, subject to a maximum age of sixty-four (64) years. Throughout such tenure, the Chief of the Army Staff shall continue to serve as a General in the Pakistan Army.”

The amendment bill has made a substitution to Section 8C, removing the 64-year age limit. The proposed amendment reads as follows: “The retirement age and service limits prescribed for a General, under the Rules and Regulations made under this Act, shall not be applicable to the Chief of the Army Staff, during his tenure of appointment, reappointment and/or extension. Throughout such tenure, the Chief of the Army Staff shall continue to serve as a General in the Pakistan Army.”

NA, Senate session adjourned

After passing the bills, the NA speaker adjourned the meeting of the National Assembly till 11am tomorrow.

Key Features of 26th Constitutional Amendment 2024

 Key features of 26th constitutional Amendment 2024

• Chief Justice of Pakistan's (CJP) tenure fixed at three years.
• Constitutional benches to be established at the SC and high courts.
• Senior-most judge of each bench to serve as presiding officer.
• Parliamentary committee to nominate new CJP from panel of three most senior judges.
• Committee to propose name to PM, who will then forward it to president for final approval.
• JCP, led by CJP and three others, responsible for appointment of SC judges.
• JCP to monitor judges’ performance, report any concerns to Supreme Judicial Council.
• Complete eradication of Riba (interest) from country by January 1, 2028.