ISLAMABAD (Tariq Butt): The Pakistan Army Act and military rules will be amended to extend or re-appoint the Chief of Army Staff, extend the term of service, pay and allowances.
When contacted, Attorney General of Pakistan Anwar Mansoor Khan told The News that the Army Act and rules will be changed only for this purpose. In response to a question, he asked, "Who has said the amendment in Article 243 of the Constitution which deals with the command of the Armed Forces?" He explained that there was no need to change this article and that it had nothing to do with the legal gaps identified by the Supreme Court during the hearing on General Qamar Javed Bajwa's extension.news world ahmed
The attorney general said the amendments will be finalized as we sit together to consider them soon. The Supreme Court had pointed out that the constitution and the relevant rules and regulations are silent on the extension, reappointment, term of employment, salaries and privileges of the Army Chief.current world news
The court left it to the government and parliament to correct the gap and remove ambiguity and clarify the scope of Article 243 to avoid confusion and crisis in the future. So far, no action has been taken by the government to negotiate a consensus on the proposed amendments by opposition parties.
As stated by the Attorney General, if the government concludes that amendments go only in the Army Act and the rules and not in Article 243, a simple majority would be sufficient to pass them in both the Senate and the National Assembly, but two-thirds for the approval of the constitutional amendment. A majority will be necessary.current world news
It is clear that the ruling party has a simple majority in the National Assembly to approve subordinate legislation like amendments to the Army Act, but there is a lack of required numerical power in the Senate, which is dominated by opposition parties.current world news
If no parliamentary chamber clears a common bill, it can be referred to a joint sitting of the parliament, where, as required in both houses, it can be cleared with the majority support of all legislators.current world news
A constitutional amendment would require a two-thirds majority. However, Article 70 describes the procedure for introducing and passing ordinary bills, and that any amendment can be approved by a majority vote of the present members and by voting in a joint sitting. This means that there will be no need for a simple majority in both the Senate and the National Assembly.current world news
Article 239 deals with constitutional amendments. This is similar to Article 70 with three objections; two-thirds will be required instead of a simple majority in both houses; a two-thirds majority is required in parliament, as well as a constitutional amendment that changes the boundaries of a province. Shall not be submitted to the Senate for approval unless it has been approved by the Assembly of the province with a majority of two-thirds of its total membership.
