On Saturday, the government presented a draft of the 26th constitutional amendment to various political parties, outlining significant changes to the judicial appointment process. The draft proposes that the Chief Justice be appointed by an eight-member parliamentary committee from among the top three senior judges.
The amendments include establishing a seven-member constitutional commission responsible for appointing judges in federal and provincial constitutional courts. Additionally, a federal constitutional council will be formed to oversee the removal of judges. The retirement age for judges in the federal constitutional court is proposed to be set at 67, with the Chief Justice’s tenure limited to three years.
The draft also suggests eliminating the clause that automatically appoints the senior-most judge as Chief Justice. Instead, the parliamentary committee will recommend one of the top three senior judges to the Prime Minister, who will then forward the selection to the President for final approval. This committee will reflect party representation based on assembly membership.
While the retirement age for Supreme Court judges remains at 65, the Chief Justice’s tenure is capped at three years. The amendment also aims to establish a federal constitutional court along with four provincial constitutional courts. The initial Chief Justice of the federal constitutional court will be appointed by the President on the Prime Minister’s recommendation, with the first judges selected through consultation between the President and the Chief Justice of the federal constitutional court.
Future appointments of chief justices and judges to constitutional courts will fall under the authority of a seven-member constitutional commission, comprising the Chief Justice of the federal constitutional court, two senior judges, a retired judge designated by the Chief Justice, the federal law minister, the Attorney General, and a representative from the Pakistan Bar Council. Both government and opposition members will also be part of this commission.
The Chief Justice and other judges of the federal constitutional court will serve three-year terms with a retirement age of 68. The amendment further introduces annual performance evaluations for High Court judges. Judges with poor performance records will have the opportunity to improve before being referred to the Supreme Judicial Council for further review. Additionally, the title of the Supreme Court’s Chief Justice will be officially changed to “Chief Justice of the Supreme Court,” and Article 63-A will be amended to count votes from dissenting members.
