Parliamentary Committee to Oversee CJP Appointments Under New Draft
Amendments Set to Transform Judicial Appointment Process in Pakistan.
Details have emerged regarding the government’s draft for the 26th constitutional amendments, indicating a notable change in the method for appointing the Chief Justice of Pakistan.
The proposed amendments seek to empower a newly established parliamentary committee to appoint the Chief Justice, moving away from the existing practice based on seniority.
According to the draft, the parliamentary committee will consist of 12 members—eight from the National Assembly and four from the Senate—ensuring representation from all parliamentary parties in proportion to their strength. If the National Assembly is dissolved, a special committee of four senators will manage the appointment process.
Under the new structure, the committee will evaluate the names of the three most senior judges of the Supreme Court. The Prime Minister will then submit the committee’s recommendation to the President for formal appointment.
The proposal stipulates that the parliamentary committee must finalize the nomination of the new Chief Justice 14 days prior to the retirement of the current officeholder. However, for the inaugural appointment following the implementation of these amendments, the new Chief Justice will be appointed three days before the incumbent retires.
Additionally, the draft establishes a Constitutional Division within the Supreme Court to handle constitutional matters, including suo motu cases, constitutional appeals, and presidential references. A three-member bench from this division will be responsible for hearing and deciding these cases, a shift from the current practice that allows any Supreme Court judge to address constitutional issues.
The Constitutional Division will ensure equal representation from all provinces, with its composition and number of judges determined by the Judicial Commission.
The draft amendment, encompassing 12 pages, outlines 24 key points aimed at improving the judicial process while promoting greater political involvement in judicial appointments.
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