The coalition government has less than 30 hours to appoint a new Chief Justice of Pakistan (CJP), as mandated by the recently enacted 26th Constitutional Amendment.
This new law stipulates that the top judicial position must b e filled three days prior to the incumbent's retirement. Chief Justice Qazi Faez Isa is set to retire on October 25, 2024.
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As the clock ticks down, consideration of names for the parliamentary committee responsible for the nomination process is underway. The committee, which requires a two-thirds majority for decisions, will comprise members from both the National Assembly and the Senate.
Parliamentary committee expected composition
Senate members:
- PTI: Senator Ali Zafar
- JUI-F: Kamran Murtaza
- PML-N: Azam Nazir Tarar
- People’s Party: Farooq H. Naik
National Assembly members:
- MQM: Khawaja Izharul Hassan (finalised)
- PTI: Barrister Gohar Ali Khan
- Sunni Ittehad Council: Sahibzada Hamid Raza
- PPP: Raja Pervez Ashraf and Naveed Qamar
- PML-N: Khawaja Asif and Ahsan Iqbal
Under the provisions of the 26th Amendment, the CJP's term is now fixed at three years or until the judge reaches the retirement age of 65.
Following the advice of Prime Minister Shehbaz Sharif, President Asif Ali Zardari signed the amendment into law early on Monday.
Significantly, the selection process for the chief justice will now involve a pool of the three most senior judges of the Supreme Court, moving away from the previous sole reliance on seniority.
The current seniority list positions Justice Syed Mansoor Ali Shah as the most senior, followed by Justice Munib Akhtar and Justice Yahya Afridi. If any of these judges decline the position, the next senior judge will be considered.
A report from The News suggested that Justice Yahya Afridi is the frontrunner for the chief justice position, with government insiders indicating that his non-controversial and neutral stance amidst recent divisions in the apex court may bolster his candidacy.
Overview of leading candidates
Justice Mansoor Ali Shah: As the senior-most judge, he is a prominent contender. He has served as the Chief Justice of the Lahore High Court before his elevation to the Supreme Court in early 2018.
Justice Munib Akhtar: Born in 1963, he joined the Supreme Court in 2018 and is regarded as a significant candidate due to his judicial experience.
Justice Yahya Afridi: The third on the seniority list, he was the Chief Justice of the Peshawar High Court before his elevation to the Supreme Court in 2018.
Formation of parliamentary committee
In light of the new law, the formation of the parliamentary committee has begun, with the Speaker of the National Assembly seeking nominations from parliamentary leaders. The committee will consist of eight members from the National Assembly and four from the Senate.
The People's Party has already submitted three names for the committee: former Prime Minister Raja Pervez Ashraf, Farooq H. Naik, and Syed Naveed Qamar. Among them, Naik will represent the Senate while Ashraf and Qamar will represent the National Assembly.
In addition, the Jamiat Ulema-e-Islam (F) has nominated Senator Kamran Murtaza for the committee.
The Speaker has sent letters to the parliamentary leaders of various parties, including the Muslim League (N), People's Party, Sunni Etihad Council, and MQM Pakistan, requesting their nominations for representation.
Parliamentary proceedings
The National Assembly convened late on Sunday night, following delays, to discuss the 26th Constitutional Amendment. Prime Minister of Law Nazir Tarar presented the amendment, which was approved by a majority of 225 members, while only 12 voted against it.
Speaking in the House post-approval, Prime Minister Shehbaz Sharif emphasized the need for justice in the country, declaring the day a historic milestone. He noted that the passage of the amendment demonstrated national unity and consensus.
With the current chief justice's tenure ending soon, the formation of the parliamentary committee is anticipated to occur swiftly, paving the way for the new CJP's appointment before the deadline. The stakes are high as the nation looks toward the judiciary for guidance and stability in these pressing times.
