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Report suggests Justice Yahya could become next Chief Justice if constitutional amendment is approved

Justice Yahya Afridi is poised to become the next Chief Justice of Pakistan if a constitutional amendment package, recently approved unanimously by a parliamentary committee, gains approval from parliament.

A report in The News highlights that Justice Afridi is the leading candidate to succeed the current Chief Justice, Qazi Faez Isa, upon his retirement.

Other notable contenders for the position include Justice Mansoor Ali Shah and Justice Munib Akhtar. Noteworthy is Justice Afridi’s reputation for maintaining a neutral and non-controversial stance amid recent Supreme Court divisions.

The proposed constitutional changes would establish a new procedure for appointing the Chief Justice, wherein a Special Parliamentary Committee would recommend candidates from the three most senior judges of the Supreme Court.

This committee will then send its nominee to the Prime Minister, who will present the candidate to the President for appointment. If the first nominee declines the position, the next most senior judge will be considered, continuing this process until a Chief Justice is officially appointed.

The amendment package also outlines the formation of the Special Parliamentary Committee, ensuring a majority from the treasury benches.

Comprising twelve members—eight from the National Assembly and four from the Senate the committee’s structure is designed for political balance, with each party represented in proportion to their parliamentary strength. The committee members will be notified by the Chairman and Speaker of the National Assembly.

The package mandates that the committee must submit its nomination to the Prime Minister within fourteen days prior to the Chief Justice’s retirement.

Notably, following the passage of the 26th Constitutional Amendment, the first nomination must be delivered within three days after the Chief Justice steps down.

Importantly, the package clarifies that the validity of actions taken by the committee will not be affected by any member’s absence or vacancies.

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