The Senate and National Assembly on Tuesday approved six bills amidst criticism from the opposition, including legislations aimed at increasing the number of judges in the Supreme Court and Islamabad High Court and fixing the tenure of services chiefs to five years.
In succession, the Upper and Lower Houses of Parliament 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; and the Pakistan Navy (Amendment) Bill, 2024.
Law Minister Azam Nazeer Tarar tabled the bill to increase the number of Supreme Court judges in the National Assembly, seeking to expand the size of the apex court up to 34, ostensibly to clear the backlog of cases. The bill’s statement of objects and reasons noted the current maximum strength of the Supreme Court was 17—16 justices and one chief justice of Pakistan—and Parliament sought to increase this number in view of persistent increase in litigation and pendency. “In light of the above, it is proposed to increase the number of judges in the Supreme Court from 16 to 33, in addition to the Chief Justice,” it added.
The law minister emphasized that the bill granted a maximum strength of 34 judges of the Supreme Court, but this number could be adjusted as per requirements.
Additionally, Tarar tabled the Supreme Court Practice and Procedure (Amendment) Bill, 2023, seeking to include in the legislation clauses related to the 26th Constitutional Amendment, including constitutional benches. It adds Article 191A of the Constitution—pertaining to constitutional benches—to the preamble of the original legislation.
“Articles 191 and 191A of the Constitution of the Islamic Republic of Pakistan enables the Majlis-e-shoora (Parliament) to provide for the practice and procedure of the Supreme Court including, Constitutional Benches,” it states, adding the act shall come into force retrospectively from the enactment of the 26th Constitutional Amendment. The legislation follows up on an ordinance that had amended the Act, with the Practice and Procedure Committee to comprise the chief justice, senior-most Supreme Court judge and a senior judge of the constitutional benches. The three-member committee, as well as next two most senior judges would decide whether any case falls within the purview of constitutional bench. The legislation also states that unless required by law, every matter before the Supreme Court would be heard on ‘first in, first out’ basis.
Similarly, the Islamabad High Court (Amendment) Bill, 2024 increases the number of judges in the Islamabad High Court from nine to 12. “In view of the consistent increase in the litigation in Islamabad and as it is growing into a cultural and business hub and also it is evident from the growth of population in Islamabad that further litigation will burden the High Court, so it is imperative that number of judges in the Islamabad High Court may be increased,” it stated.
The National Assembly passed all three bills amidst jeers and sloganeering from the opposition.
Subsequently, Defense Minister Khawaja Asif tabled the three bills to fix the tenure of services chiefs to five years. He also tabled them in the Senate after their passage in the Lower House. The three bills, per their preamble, fix the maximum tenure of the Chief of Army Staff, Chief of Naval Staff, and Chief of the Air Staff to five years. They further state that the retirement age would not be applicable on the tri-services chiefs during their “tenure of appointment, reappointment and/or extension.” Following their passage, the bills also permit for a maximum extension of five years to the tenures of all three chiefs, compared to the three years earlier.
Criticism
The opposition PTI strongly criticized the passage of the six legislations, with multiple attempts to disrupt proceedings through jeers and chants throughout the National Assembly session. Speaking to media after their passage, PTI Chairman Gohar Ali Khan lamented that the bills changed “democracy to a monarchy.” Leader of the Opposition in the National Assembly Omar Ayub Khan similarly claimed the bills were “not good” for the country and the armed forces.
Earlier, Jamiat Ulema-e-Islam (Fazl) chief Maulana Fazlur Rehman also decried the bills, declaring them a means to impose civilian martial law.