Much has been speculated about a possible extension for the Chief Justice or the Chief of Army Staff in the 26th constitutional amendment. Now that the draft of the amendment has been revealed, the question can finally be answered.

While the government’s plan to make changes to the judiciary is manifold, including the set up of an entirely new court, there is only one amendment, (number 47), out of 54 that deals with the services chiefs.

The full text of the proposed amendment reads as follows:

Amendment of Article 243 of the Constitution. In the Constitution, in Article 243, after clause (4), the following new clause (5) shall be inserted:

• “(5) The appointment, re-appointment, extension, service limits, retirement or removal of the services chiefs mentioned in clause (4) shall be in accordance with the provisions of the laws relating to the Armed Forces:

• Provided that such provisions existing on commencement of the Constitution (Twenty-sixth) Amendment Act, 2024, as aforesaid, shall not be amended, altered or repealed unless specifically authorized by an amendment in this clause.“

Article 243 is the first in the chapter on the Armed Forces. Its first article clause deals with the fact that the Armed forces will be under the control of the government while the second clause says that the President will be the Supreme Commander.

Further clauses say that the President will have power to grant commissions into the forces and will appoint services chiefs based on advice from the PM. It also gives power to the President to determine salary and allowances of the services chiefs.

However, with the new amendments the words appointment, re-appointment, extension will make their way into the constitution. Previously the article only mentioned for appointments.

Still, any extensions that will take place will be based on the Army Act. However, the Act can be amended at any time through a simple act of parliament.