The coalition government has 30 hours to appoint a new Chief Justice of Pakistan (CJP) following the enactment of the 26th Constitutional Amendment.
This amendment mandates that the top judicial position be filled three days before the incumbent’s retirement. According to the new legal framework, with current CJP Qazi Faez Isa set to retire on October 25, 2024, the new CJP appointment must be finalised by midnight on October 22.
Major changes introduced by the 26th Constitutional Amendment
The 26th Constitutional Amendment has introduced significant changes to the selection process of the CJP. Previously, the position was filled solely based on seniority.
However, under the new law, the appointment will be made from the three most senior judges of the Supreme Court, providing more flexibility in the selection process. The CJP’s term has also been limited to three years or until the retirement age of 65, whichever comes first.
President Asif Ali Zardari signed the bill into law on the advice of Prime Minister Shehbaz Sharif in the early hours of Monday, marking a shift in Pakistan’s judicial appointment system.
New selection process for CJP
The selection of the next CJP will now be overseen by a 12-member parliamentary committee, which is required to reach a two-thirds majority on the nomination.
The selected name will then be forwarded to the prime minister, who will send it to the president for final approval. If any of the three senior judges declines the position, the next most senior judge will be considered for the role.
Currently, Justice Syed Mansoor Ali Shah is the most senior judge, followed by Justice Munib Akhtar and Justice Yahya Afridi. Reports suggest that Justice Afridi is likely to be appointed as the next Chief Justice, as government sources and allies reportedly favor his candidacy due to his neutral stance amidst recent divisions within the Supreme Court.
