Details of the government's draft for the 26th constitutional amendments have surfaced, revealing a significant shift in the process of appointing the chief justice of Pakistan.
The proposed amendments aim to grant authority to a newly formed parliamentary committee to appoint the chief justice, replacing the current seniority condition.
According to the draft, the 12-member parliamentary committee will comprise eight members from the National Assembly and four from the Senate, ensuring adequate representation from all parliamentary parties according to their strengths. In the event of the dissolution of the National Assembly, a special committee of four senators will oversee the appointment process.
Under the new framework, the committee will review the names of the three most senior judges of the Supreme Court for consideration. The prime minister will then forward the committee's recommendation to the president for formal appointment.
Under the proposal, the parliamentary committee will finalise the nomination of the new chief justice 14 days before the retirement of the incumbent. However, only for the first time after the implementation of the amendments, the appointment will be made three days before the current chief justice retires.
Additionally, the draft introduces the creation of a Constitutional Division within the Supreme Court, which will handle constitutional matters such as suo motu cases, constitutional appeals, and presidential references. A three-member bench from this division will hear and decide such cases, marking a departure from the existing practice where any Supreme Court judge could handle constitutional issues.
The Constitutional Division will ensure equal representation of all provinces, with its composition and number of judges being determined by the Judicial Commission.
The draft amendment spans 12 pages and outlines 24 key points aimed at streamlining the judicial process while ensuring broader political involvement in judicial appointments.
