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All Hail…
by Najam Sethi
January 10, 2020
The PTI government has passed three bills giving the prime minister, who already had the right to appoint the three Service Chiefs and the Chairman Joint Chiefs of Staff, the right to extend their three year terms up to age 64. The exercise is significant for several reasons.
Apparently, the COAS, Gen Qamar Javed Bajwa, desired an extension in tenure. The Prime Minister, Imran Khan, thought it a good idea too. Both gentlemen have constantly made a song and dance of being on the same page for the sake of the country’s stability. Is this a big deal?
It’s not a big deal because such extensions have been par for the course in Pakistan’s history. All Martial Law dictators gave themselves unlimited extensions, legitimized by the courts, and one prime minister, Yousaf Raza Gilani of the PPP, says he’s actually very proud to have been given an opportunity to extend the term of COAS Ashfaq Pervez Kayani.
But one prime minister, Nawaz Sharif of the PMLN, has refused to accept the hegemony of the military and has never been on the same page with any army chief at any time. He handpicked three chiefs but ended up being embroiled in confrontation with them for one reason or another by turns. One, General Pervez Musharraf, ousted him; a second, General Raheel Sharif, sought an extension and, failing that, tried to oust him but didn’t succeed; the third, General Bajwa, decided eventually to “select” Imran Khan and has just claimed his reward.
So it’s a big deal because the PMLN has now meekly acquiesced in the grant of an extension to Gen Bajwa after having accused him of rigging (“vote ko izzat do”) the last elections and unfairly selecting Imran Khan to be prime minister. Indeed, Mr Sharif’s decision not to oppose the new laws comes as a shock to those ideologues inside and outside the party who are opposed to the hegemony of the military under a “democratic” constitution. The PMLN’s explanation – that it didn’t grant the extension but merely obeyed a Supreme Court ruling to the PTI government to amend the law to legalize an existing prime ministerial practice – is weak. It could have opposed it in light of Mr Sharif’s own restrictive practices as prime minister. At the very least, it could have insisted on certain relevant amendments to the sweeping new law or simply abstained from voting in its favour. But another explanation – that the Selector and Selected have jointly reduced the PMLN to a quivering mass of disability via NAB, especially in view of Mr Sharif’s ailing health — is more relevant. Under the circumstances, the view – that it’s important to remain on the right side of General Bajwa in the event that he decides to ditch Imran Khan for any reason and seeks options – can be subsumed under the adage “live to fight another day”.
Interestingly enough, the new law, itself, has started to generate juristic controversy. While it retains the prime minister’s constitutional right to appoint the army chief, it allows a degree of discretion to the President of Pakistan in according re-appointment or extension conditional to requirements of “national security” or similar “exigencies”. Some eminent legal eagles claim this Presidential discretion is unconstitutional and the law can therefore be struck down by the superior courts, unless the constitution is appropriately amended. This possibility might help explain why the government has simultaneously appealed the original SC decision that compelled it to amend the law relating to this issue. It fears that if the new law is examined under the spotlight and context of that decision and the various remarks of the judges, it could be found to be wanting or misplaced in more ways than one. Therefore, fearing the new law’s vulnerability, the government has sought a “stay” from the SC whilst requesting a bigger bench to hear the appeal.
So, if writs begin to fly, the “crisis” of the army chief’s extension could linger on.
The PMLN has also entered into a crisis. There is a shift away from the ideologues led by Nawaz Sharif in favour of the pragmatists led by Shahbaz Sharif. The significant irony is that it is the elder Sharif who has undoubtedly sanctioned this shift, however reluctantly. This decision will also serve to diminish the populist role of Maryam Nawaz Sharif and her team of hawks in the party. The likelihood therefore is that, for the foreseeable short term, Shahbaz Sharif will return to lead the opposition in Pakistan while Nawaz and Maryam Sharif will silently bide their time in London.
Indeed, the focus could now shift to the fate of Imran Khan. One false move and Gen Bajwa’s B Team could be readied for swift action. On the other hand, if Mr Khan is able to steady the ship of state and fulfil the economic and political requirements of good statecraft, he will be assured a degree of longevity that will compel the PMLN to rue the day the pragmatists seized control in hope of accelerating change in their favour.
https://www.thefridaytimes.com/all-hail/
by Najam Sethi
January 10, 2020
The PTI government has passed three bills giving the prime minister, who already had the right to appoint the three Service Chiefs and the Chairman Joint Chiefs of Staff, the right to extend their three year terms up to age 64. The exercise is significant for several reasons.
Apparently, the COAS, Gen Qamar Javed Bajwa, desired an extension in tenure. The Prime Minister, Imran Khan, thought it a good idea too. Both gentlemen have constantly made a song and dance of being on the same page for the sake of the country’s stability. Is this a big deal?
It’s not a big deal because such extensions have been par for the course in Pakistan’s history. All Martial Law dictators gave themselves unlimited extensions, legitimized by the courts, and one prime minister, Yousaf Raza Gilani of the PPP, says he’s actually very proud to have been given an opportunity to extend the term of COAS Ashfaq Pervez Kayani.
But one prime minister, Nawaz Sharif of the PMLN, has refused to accept the hegemony of the military and has never been on the same page with any army chief at any time. He handpicked three chiefs but ended up being embroiled in confrontation with them for one reason or another by turns. One, General Pervez Musharraf, ousted him; a second, General Raheel Sharif, sought an extension and, failing that, tried to oust him but didn’t succeed; the third, General Bajwa, decided eventually to “select” Imran Khan and has just claimed his reward.
So it’s a big deal because the PMLN has now meekly acquiesced in the grant of an extension to Gen Bajwa after having accused him of rigging (“vote ko izzat do”) the last elections and unfairly selecting Imran Khan to be prime minister. Indeed, Mr Sharif’s decision not to oppose the new laws comes as a shock to those ideologues inside and outside the party who are opposed to the hegemony of the military under a “democratic” constitution. The PMLN’s explanation – that it didn’t grant the extension but merely obeyed a Supreme Court ruling to the PTI government to amend the law to legalize an existing prime ministerial practice – is weak. It could have opposed it in light of Mr Sharif’s own restrictive practices as prime minister. At the very least, it could have insisted on certain relevant amendments to the sweeping new law or simply abstained from voting in its favour. But another explanation – that the Selector and Selected have jointly reduced the PMLN to a quivering mass of disability via NAB, especially in view of Mr Sharif’s ailing health — is more relevant. Under the circumstances, the view – that it’s important to remain on the right side of General Bajwa in the event that he decides to ditch Imran Khan for any reason and seeks options – can be subsumed under the adage “live to fight another day”.
Interestingly enough, the new law, itself, has started to generate juristic controversy. While it retains the prime minister’s constitutional right to appoint the army chief, it allows a degree of discretion to the President of Pakistan in according re-appointment or extension conditional to requirements of “national security” or similar “exigencies”. Some eminent legal eagles claim this Presidential discretion is unconstitutional and the law can therefore be struck down by the superior courts, unless the constitution is appropriately amended. This possibility might help explain why the government has simultaneously appealed the original SC decision that compelled it to amend the law relating to this issue. It fears that if the new law is examined under the spotlight and context of that decision and the various remarks of the judges, it could be found to be wanting or misplaced in more ways than one. Therefore, fearing the new law’s vulnerability, the government has sought a “stay” from the SC whilst requesting a bigger bench to hear the appeal.
So, if writs begin to fly, the “crisis” of the army chief’s extension could linger on.
The PMLN has also entered into a crisis. There is a shift away from the ideologues led by Nawaz Sharif in favour of the pragmatists led by Shahbaz Sharif. The significant irony is that it is the elder Sharif who has undoubtedly sanctioned this shift, however reluctantly. This decision will also serve to diminish the populist role of Maryam Nawaz Sharif and her team of hawks in the party. The likelihood therefore is that, for the foreseeable short term, Shahbaz Sharif will return to lead the opposition in Pakistan while Nawaz and Maryam Sharif will silently bide their time in London.
Indeed, the focus could now shift to the fate of Imran Khan. One false move and Gen Bajwa’s B Team could be readied for swift action. On the other hand, if Mr Khan is able to steady the ship of state and fulfil the economic and political requirements of good statecraft, he will be assured a degree of longevity that will compel the PMLN to rue the day the pragmatists seized control in hope of accelerating change in their favour.
https://www.thefridaytimes.com/all-hail/
