Legislation is ‘required’: The Jurists Foundation v Federal Government on the tenure extension of Pakistan’s army chief

Abstract

ABSTRACT In The Jurists Foundation v Federal Government, the Supreme Court of Pakistan delivered a significant judgment about the country's Chief of Army Staff (COAS). The Court held that an executive attempt to extend the tenure of the COAS was ‘meaningless and of no consequence’ because Parliament had not legislated on the COAS’ tenure or terms of service. According to the Court, legislation was required on such terms based on ‘structural requirements’ of a repealed constitution and a universal premise that senior officers of the armed forces must be regulated by law. This note argues that the Court's approach is difficult to reconcile with key constitutional principles and that, on a proper understanding of the Court's role, the extension should have been subject to ordinary principles of judicial review.