Field Marshal Munir's CDF Tenure Begins with New Notification

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Field Marshal Munir's CDF Tenure Begins with New Notification

On Thursday, the Senate and National Assembly approved modifications to the contentious 27th Amendment, eliminating the final obstacle to its implementation and opening the door for significant reforms in the country's highest court and the leadership of the military.

During a separate session, the lower house of the parliament swiftly passed four bills, converting them into Acts concerning the Armed Forces and the Supreme Court (Practice and Procedure) Act, 2023.

These laws were enacted in line with the 27th Amendment. The constitutional package, which was approved by a two-thirds majority recently [Wednesday], has now been finalized as an act of parliament following the signature of President Asif Ali Zardari.

During Thursday's session, several bills such as 'The Supreme Court (Practice and Procedure) Bill, 2025', 'the Pakistan Army (Amendment) Bill, 2025', 'the Pakistan Navy (Amendment) Bill, 2025', and 'the Pakistan Air Force (Amendment) Bill, 2025' were approved in the house by a majority vote. With the introduction of amendments to the previous Army Act, the Chief of Army Staff will also serve as the Chief of the Defense Force (CDF) for a period of five years. It states, 'The term of the Chief of Army Staff will also restart upon the release of a new notification.'

The clauses outlined in Article 243 of Pakistan's Constitution, which pertain to a Field Marshal, will be applicable when a General is elevated to that rank.

The Central Government has the authority, upon the suggestion of the Chief of the Army Staff along with the Chief of the Defense Forces and through a written order, to permit the officer serving as Vice Chief of the Army Staff or Deputy Chief of the Army Staff to carry out and execute those powers and responsibilities that are assigned to the Chief of the Army Staff under any existing law, rules, regulations, orders, or instructions, as specified.

As per the amendment to the Pakistan Army Act, 1952, the Chief of Army Staff will also serve as Chief of the Defence Services. 'The position of Chairman of the Joint Chiefs of Staff Committee will be removed and replaced by the Commander of the National Strategic Command,' as stated in the amendment.

"The period of service for the Chief of the Defence Forces will start on the date the position is announced," as stated in the amendment to section 8A of the Army Act.

A new bill titled "The Pakistan Air Force (Amendment) Bill, 2025" aims to remove sections 10D, 10E, and 10F from the Pakistan Air Force Act, 1953. These sections pertain to the appointment of the PAF Chief as Chairman of the Joint Chiefs of Staff Committee (CJCSC) by the President upon the advice of the Prime Minister, the term of the CJCSC, and retirement and extension provisions.

"The term Chairman Joint Chiefs of Staff Committee has also been excluded in other parts of the Pakistan Air Force Act," as stated in the amendment.

Similarly, the Pakistan Navy (Amendment) Bill, 2025 removes Sections 14D, 14E, and 14F from the Pakistan Navy (Amendment) Act, 1961, which dealt with the appointment of the Naval Chief as CJCSC by the President based on the Prime Minister's recommendation, along with his term, renewal, and retirement. 'The term CJCSC has also been removed from other sections,' according to the amendment.

The government, which secured a majority of votes, also passed 'the Supreme Court (Practice and Procedure) Bill, 2025,' introduced by Minister for Law Azam Nazeer Tarar. This procedural statement outlines that all petitions, appeals, or review applications submitted to the Supreme Court must be heard and resolved by a bench formed by the Committee consisting of the Chief Justice, the next senior-most Judge based on seniority, and a Judge appointed by the Chief Justice.

It states, "If a member is unable to attend a Committee meeting for any reason, the Chief Justice may appoint another Judge."

This legislation also excludes sections that include the term 'Constitutional Benches' from the Supreme Court (Practice and Procedure) Act, 2023 (XVII of 2023).

The government benches also passed a private member's bill titled 'the Domestic Violence (Prevention and Protection) Bill, 2025', encountering significant opposition from the opposing benches.

As per the bill, its primary objective is to tackle and greatly decrease domestic violence within the Islamabad Capital Territory by creating a thorough legal structure that guarantees the protection, assistance, and security of victims. The proposer of the bill felt that this legislation will aid in setting up a functional system to safeguard men, women, transgenders, children, and any other vulnerable individuals from domestic violence.

In the meantime, the Senate also made adjustments to the contentious 27th Amendment with a two-thirds majority vote, eliminating the final obstacle in its implementation and opening the door for significant modifications in the organization of the nation's highest court and the control of the military.

The Senate passed eight modifications to the 27th Constitution Amendment Bill with 64 votes, while four members from the Jamiat Ulema-e-Islam Fazl (JUI-F) cast their votes against it, as the opposition, led by the Pakistan Tehreek-e-Insaf (PTI), staged a loud protest.

A key moment of the day was the opposition's condemnation of Senate Chairman Syed Yousaf Raza Gilani, accusing the 'Custodian of the House' of engaging in backroom deals by praising a former PTI member—who has switched parties—an accusation the chair strongly denied.

On Monday, the Senate gave its approval to the 27th Constitutional Amendment Bill, sending it to the National Assembly for a final vote. The Lower House of Parliament passed the bill with modifications in eight sections, which originally included 59 changes to the Constitution. In accordance with the provisions of Article 239 of the Constitution, the bill was forwarded to the Upper House.

Law Minister Azam Nazeer Tarar introduced the bill in the House, which received approval through the support of two votes from members who had previously defected, representing the PTI and JUI-F. PTI Senator Saifullah Abro and JUI-F Senator Ahmed Khan cast their votes in favor of the bill, going against their parties' instructions, when the legislation was approved earlier this week.

The opposition PTI and the sole member of the National Party did not participate in the voting and staged a protest by leaving the House. Some members returned when the House began clause-by-clause voting on the amendments. They assembled in front of the main speaker's podium, tore up copies of the bill and the agenda, and chanted slogans such as "Constitutional destruction is unacceptable; democratic destruction is unacceptable; judicial destruction is unacceptable; and horse trading is unacceptable." The final vote on the bill took place through a bench division after all entry and exit doors of the chamber were closed.

Expanding on the modifications, Law Minister Tarar stated that the current Chief Justice of Pakistan (CJP) will remain in office until he retires. Following this, the most senior judge among the top judges of the Supreme Court and the newly established Federal Constitutional Court (FCC) will assume the title of CJP.

He mentioned that another adjustment has been suggested, granting the CJP the authority to administer the oath to the President, Chief Election Commissioner, and Auditor General of Pakistan.

He stated that the 18th Amendment shut the door on martial law by amending Article 6, imposing a restriction that no court, including a high court or the Supreme Court, could approve the cancellation of the Constitution. He further mentioned that the FCC has also been included in the Article to ensure it cannot endorse such an action.

Opposing the suggested Amendment, PTI Senator Ali Zafar claimed that the main ruling parties were engaged in backroom dealings. "They (the treasury) take a position supporting corruption and deceit," he stated. He further mentioned that modifications to the already approved 27th Amendment needed to be made because the initial bill was passed quickly, disregarding the opposition's recommendations.

He mentioned that the ruling coalition was eager to set up the proposed FCC due to their concern over the imprisoned PTI leader and former prime minister Imran Khan. He stated that the Amendment was founded on deceit and fraud since it was being approved by defectors. 'This Amendment is not viable,' he further noted.

The JUI-F parliamentary leader in the House, Maulana Attaur Rehman, stated that an attempt was made to introduce harmful elements into the Constitution via the 27th Amendment, which was taken from the 26th Amendment by his party. 'There is no necessity for a martial law following this Amendment,' he mentioned.

Horse Trading allegations:

After the law minister proposed the motion to immediately consider the bill, the PTI parliamentary leader in the House, Senator Ali Zafar, stated that each member of PTI and JUI-F had supported the original bill, having defected under Article 63-A of the Constitution, and therefore became ineligible. He mentioned that even PTI Senator Abro resigned on the floor after casting his vote. "Their votes should not be counted this time," he said, warning that they would contest the process if their votes were included. Senator Kamaran Murtaza from JUI-F also supported the PTI representative.

Law Minister Tarar, who opposed the move, stated that any member who switched sides would not be disqualified immediately since there is a procedure in place to remove them. He mentioned that according to the Constitution, the party leader must submit a declaration to the presiding officer—either the speaker or the chairman—who must then forward the issue to the Election Commission of Pakistan (ECP) within two days for a decision. He added that the case eventually reached the Supreme Court. 'Until the process is completed, the lawmaker continues to be a member,' he pointed out. He further explained that a member's resignation must be in writing and must meet the requirements set by the chair.

Regarding this, the Senate chairman stated that he had not received a written resignation nor a reference from the party leader.

Senator Humayun Mohmand from PTI created another controversy by claiming that the chair supported floor crossing, as he told the defected PTI member Abro, 'we will elect you again.' He further stated, 'The chair safeguarded an incorrect action taken by a member.'

Denying the accusation, Senator Gilani stated that Abro remained a member of the House since he had not received his resignation or a statement from the party leader opposing him.

Deputy Prime Minister and House Leader Ishaq Dar provided an intriguing interpretation of the defection clause, stating it refers to 'voting according to one's conscience while opposing the party's stance'.

I don't refer to it as defection. I call it casting a vote aligned with one's conscience," he stated, noting that this came at a price for the defector, namely his disqualification. He praised the members for voting according to their conscience—the comments that the opposition labeled as "encouraging traitors.

Previously, the federal cabinet unanimously passed changes to the Pakistan Army Act, Pakistan Air Force Act, and Pakistan Navy Act. These modifications aim to align the legislation governing Pakistan's Armed Forces with the Twenty-seventh Constitutional Amendment.

According to the changes introduced in Article 243 through the 27th Amendment, there was a requirement to introduce appropriate legislation, which also covers the term of the Chief of Defence Forces. As per these amendments, the position of Chairman of the Joint Chiefs of Staff Committee will be discontinued following the retirement of the current Chairman. Similarly, the ranks of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet have also been incorporated into these laws.

The house, towards the conclusion of the session, also approved a resolution praising the Sri Lankan Cricket Board's choice to proceed with their team's tour in Pakistan despite all the risks.

The motion proposed by Minister for Parliamentary Affairs Tariq Fazal Chaudhry recognized the personal involvement of the Sri Lankan President and the whole government in this matter. It also praised the enthusiasm and dedication of Interior Minister and PCB Chairman Mohsin Naqvi in saving the tour.

Provided by SyndiGate Media Inc. (Syndigate.info).


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