As speculation mounts over the appointment of Pakistan’s next Chief Justice, Federal Minister for Law Azam Nazeer Tarar has affirmed that the new chief justice will be selected based on seniority.
Chief Justice Qazi Faez Isa is scheduled to retire in October, sparking rumors about a possible extension of his tenure through new judiciary-related legislation in Parliament.
Tarar addressed these rumors, emphasizing that the appointment process will adhere strictly to the principle of seniority. “The senior-most judge will be appointed as the Chief Justice,” Tarar told. He urged against politicizing the appointment process, asserting that unnecessary debate should be avoided.
The principle of seniority in appointing the Chief Justice is enshrined in Article 175-A(3) of the Constitution.
Legal experts argue that no ordinary legislation can alter this constitutional requirement, and extending a chief justice’s term without amending the Constitution is not feasible.
Recent speculation was fueled by Pakistan Tehreek-e-Insaf (PTI) seeking an early notification regarding the next Chief Justice.
However, Chief Justice Isa, set to retire on October 25, 2024, has no interest in an extension, as previously stated by the law minister. Senior Puisne Judge Mansoor Ali Shah is next in line for the position.
The debate over an extension intensified after reports emerged that the federal government might call a joint parliamentary session on August 28 to introduce key legislation. However, Defence Minister Khawaja Asif later clarified that this session would not occur on the mentioned date but is expected to be scheduled for the following week.
