Under the 26th constitutional amendment, a parliamentary committee has been established to nominate the new Chief Justice of Pakistan.
The official notification for the committee has been issued, comprising twelve members—eight from the National Assembly and four senators.
Senate members:
- PTI: Senator Ali Zafar
- JUI: Senator Kamran Murtaza
- PML-N : Senator Azam Nazir Tarar
- PPP: Senator Farooq H. Naik
National Assembly members:
- PML-N:
- Khawaja Asif
- Ahsan Iqbal
- Shaista Parvez Malik
- PPP:
- Raja Pervaiz Ashraf
- Naveed Qamar
- MQM:
- Rana Ansar
- Rana Ansar
- Sunni Ittehad Council:
- Barrister Gohar Khan
- Sahibzada Hamid Raza
The first meeting of the parliamentary committee is scheduled for today (Oct 22) at 4 PM, where the members are expected to finalise the nomination of the new Chief Justice.
The committee must decide by a two-thirds majority and will then send the selected name to the Prime Minister for further approval. Following the Prime Minister's endorsement, the notification for the new Chief Justice’s appointment will be issued.
The formation of this committee comes after consultations with major parliamentary parties, including the Muslim League-N, Pakistan People's Party, Jamiat Ulema-e-Islam, Sunni Ittehad Council, and MQM.
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Notably, the Speaker of the National Assembly, Sardar Ayaz Sadiq, had sent letters to the Chairman of the Senate for the establishment of this special committee, ensuring proportional representation from the parties involved.
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As part of the new constitutional procedure, the committee will select the Chief Justice from among the three most senior judges of the Supreme Court, reflecting a significant shift in the appointment process as outlined in Clause 3B of Article 175A of the Constitution.
The 26th Constitutional Amendment
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.
