Under Article 243(3) of the Constitution of the Islamic Republic of Pakistan, 1973, the President appoints the Chief of Army Staff (COAS) on the advice of the Prime Minister. The Constitution itself does not stipulate tenure or conditions of service, leaving these matters to be regulated by statute.
“Until 2020, the COAS’s tenure was governed only by executive practice, with no statutory ceiling.”
The Pakistan Army Act, 1952, for decades contained no specific provision regarding tenure or extension. The established convention was a three-year term, but this was not legally binding and could be varied by executive discretion.
Until 2020, the COAS’s tenure was governed only by executive practice. The President, acting on the Prime Minister’s advice, could extend or reappoint the COAS without any statutory ceiling. This ad hoc system led to inconsistencies, as individual circumstances and political exigencies determined tenure, which in practice ranged from three years to over a decade.
In 2019, the extension of Gen. Qamar Javed Bajwa’s tenure was challenged before the Supreme Court (PLD 2020 SC 1). The Court observed the absence of any legal framework regulating the matter and directed Parliament to legislate within six months. As a temporary arrangement, it permitted Gen. Bajwa to continue in office until legislation was enacted.
In January 2020, Parliament amended the Army Act, inserting Section 8A, which: Fixed the tenure of the COAS at three years; Allowed the President, on the Prime Minister’s advice, to extend or reappoint for up to three years, and Barred judicial review of such decisions.
This created the “3+3” model, a statutory framework for the first time. The 2024 amendment to Sections 8A-8C represented a significant shift. It extended the statutory tenure of the COAS to five years, allowed a further five-year extension, and removed the earlier age limit of 64 years. This marked the longest statutory tenure for a COAS in Pakistan’s history.
“The Supreme Court in PLD 2020 SC 1 compelled Parliament to legislate on the matter.”
Historically, Pakistan has seen COASs serve far beyond the conventional three-year period. Gen. Ayub Khan served for over seven years before becoming President; Gen. Musa Khan nearly eight years; Gen. Zia-ul-Haq more than twelve years under martial law. Later, Gen. Pervez Musharraf combined political and military authority for nine years, while Gen. Ashfaq Parvez Kayani was granted a rare three-year extension, serving a total of six years. These precedents show that Pakistan’s military leadership has often enjoyed tenure exceeding five years even before formal statutory recognition.
In a comparative perspective, Pakistan’s earlier three-year term was unusually short. Many countries adopt longer tenures for military chiefs: in the United States, the Chairman of the Joint Chiefs of Staff is appointed for four years, with renewals in exceptional circumstances. In Russia, the Chief of the General Staff often serves beyond five years, reflecting continuity in national security. In China, senior commanders typically serve in cycles aligned with political leadership, usually for five years or more. In Turkey and Egypt, historical practice shows Army Chiefs serving five years or longer. These examples demonstrate that five-year or longer tenures are internationally common.
Field Marshal Gen. Asim Munir was appointed as COAS on 29 November 2022 under the 2020 framework for a period of three years. However, following the 2024 amendment to Sections 8A, 8B, and 8C, his tenure now stands extended to a full five years, i.e., until 29 November 2027, unless vacated earlier by resignation, removal, or other lawful cause.
Importantly, no fresh notification is required. The amendment operates by force of law, meaning the statutory change itself extends the tenure. This principle. That when law prescribes a consequence, it is self-executing, has been consistently affirmed by the superior courts of Pakistan. Any further executive act would be legally redundant; the continuation arises automatically from the amended statutory framework.
“The 2024 amendment created the longest statutory tenure for a COAS in Pakistan’s history, five years, extendable once more.”
The trajectory of the COAS’s tenure in Pakistan reflects an evolution from discretionary executive practice to judicially compelled legislation in 2020 of the Pakistan Army Act, and finally to the comprehensive statutory scheme of the 2024 Pakistan Army Act. The law now provides certainty, stability, and alignment with international practice, while eliminating recurring disputes over extensions.
The express amendments by Parliament to Sections 8A, 8B, and 8C of the Pakistan Army Act conclusively and legally establish a five-year tenure of the present Army Chief, extendable once more, with no requirement of additional or new notification.
Disclaimer: The opinions expressed in this article are solely those of the author. They do not represent the views, beliefs, or policies of the Stratheia.
