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Tarar Clarifies: New Chief Justice to be Appointed Based on Seniority Principle

Speculation around the appointment of a new Chief Justice of Pakistan continues, with Federal Minister for Law Azam Nazeer Tarar confirming that the selection will adhere to the principle of seniority.

Current CJP Qazi Faez Isa is set to retire in October 2024, sparking rumors of an extension through judiciary-specific legislation in parliament. However, the law minister dismissed these speculations, stating that the new CJP will be appointed strictly based on seniority.

“Seniority will be the foremost consideration in the appointment process. The senior-most judge will assume the role of Chief Justice,” Tarar emphasized during an interview.

Tarar also cautioned against politicizing the judiciary’s appointments, urging that no unnecessary debate should occur on this matter.

The principle of seniority in appointing the Chief Justice of Pakistan is mandated by Article 175-A(3) of the Constitution, and ordinary legislation cannot override this. Legal experts assert that extending the Chief Justice’s tenure would require a constitutional amendment.

Earlier this month, Pakistan Tehreek-e-Insaf (PTI) fueled speculation by calling for an early notification of the next Chief Justice. Despite these rumors, the law minister reiterated that CJ Isa, who is set to retire on October 25, 2024, has no interest in an extension. Senior Puisne Judge Mansoor Ali Shah is expected to be the next Chief Justice.

The speculation about an extension intensified after reports surfaced that the federal government might summon a joint session on August 28 (Wednesday) to introduce key legislation. However, Defence Minister Khawaja Asif later clarified that the joint session would not take place on that date but rather sometime next week.

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