The government is anticipated to make the announcement next week, and the choice of the new chief of army staff (COAS) is now the focus of political debate in Pakistan.
The method used to appoint the army chief is still up for discussion. The procedure through which the PML-N chose General Qamar Javed Bajwa to serve as COAS under its previous administration was described in the Supreme Court’s 2019 ruling in the army chief extension issue.
General Raheel Sharif retired as the COAS on November 29, 2016, and the defence ministry sent a summary to the prime minister on November 15 asking for his consent in accordance with Rule 12 of the Pakistan Army Act Rules, 1954.
It’s unclear if the ministry would transmit the summary for the present army chief’s retirement like it did in 2016.
In accordance with Article 243(4)(b) of the Constitution, the prime minister advised the president to designate General Qamar as COAS on November 26, 2016. On the same day, the president approved the recommendation.
The promotion of General Bajwa to the rank of general and his appointment as the army chief effective on that date were announced by the defence ministry on November 26, 2016.
According to the SC ruling, Regulation 262-C of the Army Regulations applies to officers who were commissioned after 1988, but Regulation 262-A of the Army Regulations applies to officers commissioned after 1970, which includes the current COAS. General Bajwa is subject to Regulation 262-A, which does not specify the age at which an officer of that level may retire.
According to institutional norm, a general departed at the end of a three-year tenure, the judgement stated.
“Although an institutional practise cannot be a viable alternative for the law that must be adopted in accordance with paragraph (3) of Article 243, the aforementioned practise may nonetheless be put into effect to clear up any confusion regarding a general’s term and to enable the constitutional position of COAS. However, as required by the Constitution, the topic should initially be allowed to be governed by legislation passed by the legislature, it was added.
According to a government official, there is no plan to modify the Army Act because the president could easily veto any such legislation before November 27.
