On Monday, several political parties, including the PTI, put forward names for the parliamentary committee tasked with selecting Pakistan’s next chief justice from the three most senior Supreme Court judges. This new procedure was introduced following President Asif Ali Zardari’s approval of the 26th Constitutional Amendment.
The government narrowly passed the amendments, granting lawmakers more influence in appointing top judges. This comes in the wake of a series of court rulings favoring opposition leader Imran Khan.
The 26th Amendment introduces significant judicial reforms, including the removal of the Supreme Court’s suo motu powers, a three-year tenure for the Chief Justice of Pakistan (CJP), and authority for the prime minister to appoint the next CJP from among the three most senior judges.
The Senate passed the bill, which contained 22 clauses, with a two-thirds majority on Sunday. The National Assembly then passed an amended version of the bill with 27 clauses in a session that stretched past 5 a.m. on Monday. These amendments incorporated suggestions from the Senate.
National Assembly Speaker Ayaz Sadiq has requested nominations from the Senate chairman and parliamentary leaders for the 12-member committee, which will include eight members from the National Assembly and four from the Senate. The committee will consider the senior judges, including Justice Mansoor Ali Shah, Justice Muneeb Akhtar, and Justice Yahya Afridi, and will make its selection through a two-thirds majority vote.
The Pakistan Peoples Party (PPP) has submitted two nominations from the National Assembly and one from the Senate for the committee. Party Chairman Bilawal Bhutto Zardari proposed Raja Pervez Ashraf and Syed Naveed Qamar from the National Assembly, with only one being selected. The PPP also put forward Farooq H. Naek’s name for the Senate.
The Sunni Ittehad Council finalized three nominees: PTI Chairman Gohar Ali Khan, Sahibzada Hamid Raza, and Ali Zafar, the latter representing the party in the Senate.
The JUI-F nominated Senator Kamran Murtaza for the committee, with Maulana Attaur Rehman submitting his name to the Senate Secretariat. Meanwhile, the PML-N proposed Azam Nazir Tarar from the Senate, with parliamentary leader Irfan Siddiqui submitting the nomination.
Speaker Sadiq has also requested nominations from Leader of the Opposition in the National Assembly Omar Ayub, though delays are anticipated. In case of further delays, the speaker may choose nominees from other opposition parties. Letters were also sent to parliamentary leaders from PML-N, PPP, the Sunni Ittehad Council, and MQM as part of this process.
Once the committee is formed, the law ministry will provide a panel of three senior judges for consideration.
Following President Zardari’s approval, a gazette notification was issued, making the 26th Constitutional Amendment an official Act of Parliament.
The newly passed judicial reforms now require Pakistan’s chief justice to be appointed by the parliamentary committee for a fixed three-year term.
These amendments precede the imminent retirement of Supreme Court Chief Justice Qazi Faez Isa. Under the previous system, the next most senior judge, currently Mansoor Ali Shah, would have automatically succeeded him. Shah has previously issued rulings perceived to be favorable to Imran Khan and his party.
New benches of senior judges from across Pakistan will also be formed to handle constitutional matters, which lie at the heart of ongoing disputes between the government and the PTI in the Supreme Court.
