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Constitutional provisions about the armed forces


Duly prolonged service tenure of incumbent Chief of Army Staff (COAS) General Qamar Javed Bajwa is because of expire in November 2022. Lots of dialogue, hypothesis and debate is already happening within the political circles concerning the posting of the New Army Chief. The incumbent, Ge Qamar Javed Bajwa, has already introduced that he’s neither nor going to hunt any additional extension in service in any respect.

Vested pursuits right here and there are additionally creating unwelcome controversies in fairly an nappropriate method  regardless of repeated assertions by the ISPR that the Army shouldn’t be dragged in political dialogue in any method and that the Army has nothing to do with politics  and is targeted on performing its most vital duties and capabilities to safeguard and safe safety and solidarity of the  nation, to counter and get rid of terrorism in all manifestations, and face all safety challenges squarely, boldly and determinedly.

In view of prevailing circumstances, it’s pertinent to say the constitutional provisions concerning the command of the armed forces, their capabilities and suchlike for sake of data of all who could also be questioning about what the 1973 Constitution says concerning the armed forces of the nation

In view of prevailing trouble-shooting circumstances, it’s pertinent to say right here the constitutional provisions concerning the command of the armed forces, their capabilities and suchlike for sake of data of all involved who could also be questioning about what the !973 Constitution says concerning the armed forces of the nation.

Articles 243,244 and 245 of the 1973 Constitution pertain to the Armed Forces and these are being reproduced under verbatim;

Article 243 pertains to the Command of Armed Forces and it inter alia reads:

  1. The Federal Government shall have management and command of the Armed Forces.
  2. Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest within the President.
  3. The President shall topic to regulation, have power-
  4. To increase and keep the Military,Naval and Air Forces of Pakistan and the Reserves of such Forces: and
  5. To grant Commissions in such Forces.
  6. The President shall, on recommendation of the Prime Minister, appoint
  7. The Chairman, Joint Chiefs of Staff Committee;
  8. The Chief of the Army Staff;
  9. The Chief of Naval Staff;and
  10. The Chief of the Air Staff,

and shall additionally decide their salaries and allowances.

Article 244 pertains to the Oath of Armed Forces and it reads “ Every member of the Armed Forces shall make  oath within the kind set out within the Third Schedule.

“In the title of Allah,essentially the most Beneficent, essentially the most Merciful

I——– , do solemnly swear that I’ll bear true  religion and allegiance to Pakistan  and uphold the Constitution of the Islamic Reoublic of Pakistan which embodies the need of the folks, that I cannot have interaction myself in any political actions in any way and that I’ll actually and faithfully Pakistan within the Pakistan Army (or Navy or Air Force) as required by and underneath the regulation.

May Allah Almighty  assist and information me (A’meen)”.

Article 245 pertains to the Functions of Armed Forces and inter alia reads:

  1. The Armed Forces shall, underneath the instructions of the Federal Government, defend Pakistan towards exterior aggression or menace of warfare, and , topic to regulation,  act in help of civil energy when referred to as upon to take action.
  2. The validity of any route issued by the Federal Government underneath clause (!) shall not be referred to as in query in any courtroom.
  3. A High Court shall not train any jurisdiction underneath Article 199 in relation to any space through which the Armed Forces of Pakistan are in the meanwhile, performing in help of civil energy in pursuance of Article 245;

Provided that this clause shall not be deemed to have an effect on the jurisdiction of the High Court in respect of any continuing pending instantly earlier than the day on which the Armed Forces begin performing in help of civil energy.

  1. Any continuing in relation to an space referred to in clause (3) instituted on or after the day the Armed Forces begin performing in help of civil energy and pending in any High Court shall stay suspended for the interval throughout which the Armed Forces are so performing.”



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