Constitutional Amendment
The proposed 26th Constitutional Amendment in Pakistan suggests significant changes to the country’s judicial system by proposing the creation of a federal constitutional court alongside the existing Supreme Court.
This development introduces the concept of two distinct Chief Justices, each overseeing different aspects of the judiciary. The amendment to Article 175A of the Constitution, which deals with the appointment of judges to the higher judiciary, highlights this duality.
Under the proposed changes, the Chief Justice of the newly formed federal constitutional court will have separate responsibilities from the Chief Justice of the Supreme Court.
The Chief Justice of the constitutional court is to be given authority over the appointment of judges to the High Courts and the Federal Shariat Court. On the other hand, the appointment of Supreme Court judges will remain under the authority of the Chief Justice of the Supreme Court.
The amendment also outlines a commission responsible for appointing judges to the higher judiciary. When appointing judges to the High Courts and the Federal Shariat Court, this commission will be led by the Chief Justice of the federal constitutional court and will include two members from the constitutional court, along with the Chief Justice of the Supreme Court and two senior judges.
Other members of the commission will consist of the Federal Minister for Law, the Attorney General of Pakistan, a senior advocate nominated by the Pakistan Bar Council, and two members each from the Senate and National Assembly, representing both government and opposition benches.
For the appointment of judges to the federal constitutional court itself, the amendment proposes an increase in the number of judges from two to three, ensuring that all appointments are made from the most senior judges.
In contrast, for Supreme Court appointments, the commission will be chaired by the Chief Justice of the Supreme Court and will include the five most senior judges of the Supreme Court.
The Federal Minister for Law, Attorney General, and the parliamentary members will remain the same as in other appointments.
This new division of powers grants significant authority to the Chief Justice of the federal constitutional court, while limiting the role of the Chief Justice of the Supreme Court primarily to the highest judicial body in the country.
The amendment appears to create a delicate balance between these two judicial heads, each with distinct but important powers.
However, it also raises questions about how this dual system will function in practice and whether it could lead to conflicts or enhance judicial efficiency.
