- Every institution must follow Constitution
The PTI has mismanaged the economy, downgraded the Parliament, vitiated the political atmosphere and failed to fulfil any of its promises made during the elections. But the way the issue of the Chief of Army Staff’s extension was handled is a classic. Among other things, this has caused embarrassment for the COAS and the institution that the PM claimed to be always at his back. That the PM could bungle the affair despite the legal advice available to him is the latest an example of his ineptitude.
The Prime Minister issued the notification of Gen Qamar Javed Bajwa’s appointment in his own capacity for three years on August 19. The PM’s autocratic mindset however stood in the way of taking the Cabinet and the President into the loop.
Three days before General Bajwa’s retirement, the Chief Justice of Pakistan has held that the summary and approval of the Army Chief’s extension on August 19 was legally incorrect. It appears that the Prime Minister announced the extension in haste without giving the legal requirements much thought. A Cabinet meeting was however convened to fulfil what for the PM was an unnecessary formality. However, as the Cabinet members were not given enough time to consider the matter or debate the rationale for the extension, only 11 out of 25 voted for the proposal. Taking the President for granted, the bill was not sent to him for approval despite the fact that only the President of Pakistan can extend the tenure of the Army Chief.
The rationale provided to extend the tenure was the role of the COAS in regional security. This has been questioned by the court. As the Chief Justice of Pakistan observed, dealing with regional security was the job of the Army as an institution and not the sole responsibility of a single officer.
Pakistan has a Constitution which was passed through consensus between all the provinces and political parties after 14 years. The country has to be run according to the Basic Law rather than the whims of a leader. The PTI leadership needs to rein in its undemocratic tendencies. The crisis has to be resolved in accordance with the constitutional provisions, as all institutions have vowed to follow the Constitution.