ISLAMABAD: Details of the government’s draft for the 26th Constitutional Amendment have emerged, outlining a significant change in the process of appointing the chief justice of Pakistan.
The proposed amendment seeks to shift the power of appointment from the current seniority-based system to a newly formed parliamentary committee. This 12-member committee will consist of eight members from the National Assembly and four from the Senate, ensuring representation proportional to the strength of all parliamentary parties. If the National Assembly is dissolved, a special four-member committee from the Senate will oversee the appointment.
Under the new framework, the parliamentary committee will review the names of the three most senior Supreme Court judges and recommend a candidate. The prime minister will forward this recommendation to the president for formal appointment.
The nomination of a new chief justice will be finalised 14 days before the retirement of the incumbent. However, for the first appointment following the implementation of the amendment, the process will be completed three days before the current chief justice’s retirement.
Another key feature of the draft is the creation of a Constitutional Division within the Supreme Court. This division will handle constitutional matters such as suo motu cases, constitutional appeals, and presidential references. A three-member bench from this division will exclusively preside over such cases, shifting away from the current practice where any Supreme Court judge could deal with constitutional issues.
To ensure equal provincial representation, the composition and number of judges in the Constitutional Division will be determined by the Judicial Commission.
The draft amendment, spanning 12 pages, outlines 24 key points aimed at enhancing the judicial process and promoting greater political involvement in judicial appointments.
