CJP's selection process revamped under 26th Constitutional Amendment

A parliamentary committee will now decide the name of the next chief justice of Pakistan.

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Following the ratification of the 26th Constitutional Amendment, a new selection process for the Chief Justice of Pakistan has come into place in the country.

The amendment follows earlier approval from the Senate.

After receiving approval from both houses of Parliament, President Asif Ali Zardari will sign the 26th Constitutional Amendment today.

Under the new law, the Chief Justice of Pakistan will be selected from among three senior judges rather than automatically choosing the most senior.

A 12-member parliamentary committee will decide the chief justice's name, requiring a two-thirds majority.

The name will then be sent to the Prime Minister, who will forward it to the President for approval.

In cases where a senior judge declines, the next most senior judge's name will be considered. The term for the Chief Justice will last for three years or until reaching the retirement age of 65.

In addition, the amendment outlines that the appointment of Supreme Court judges will be managed by a commission led by the Chief Justice.

This commission will include four senior judges, the Federal Law Minister, the Attorney General, and two representatives each from the National Assembly and Senate, along with a representative from the Bar Council with at least 15 years of experience.

The amendment also stipulates that no court, tribunal, or authority can challenge the advice sent to the President by the Prime Minister or Cabinet.

Furthermore, the Judicial Commission will include four parliament members to oversee the selection of Supreme Court judges. The commission will establish the number of constitutional benches and judges within the Supreme Court and High Courts.

The special parliamentary committee, comprising representatives from all political parties, will ensure proportional representation, with eight members from the National Assembly and four from the Senate. Under Article 184(3), the Supreme Court will not issue any directive or declaration independently.

Earlier today, after the Senate passed the 26th Constitutional Amendment Bill 2024 with a two-thirds majority on Sunday evening, the National Assembly also passed the heavily contested bill with a two-thirds majority. The government needed to secure 224 votes to go over the line and it managed to secure 225 votes as some opposition members staged a walk out.

The bill was presented in the National Assembly by Law Minister Azam Nazeer Tarar during a session that commenced late Sunday night and extended into the early hours of Monday morning.

The bill had been in development for some time, with discussions facilitated by a special parliamentary committee formed last month. The committee included representatives from all political parties, including the PTI, and reviewed various proposals to finalise the bill's content.

Bilawal extended his gratitude to several political parties, including the Pakistan Muslim League-Nawaz (PML-N), Muttahida Qaumi Movement-Pakistan (MQM-P), Independent Parliamentary Group (IPP), JUI-F, Awami National Party (ANP), and others for their cooperation.

Notably, he also acknowledged the Pakistan Tehreek-e-Insaf (PTI)

However, PTI’s Leader of the Opposition in the National Assembly, Omar Ayub Khan, took the opportunity to criticise the amendments, arguing that they failed to reflect the true will of the Pakistani people.

The PTI alleged that seven of its lawmakers had been “abducted” and accused the government of attempting to enact the amendment under duress.

PTI Chairman Barrister Gohar Ali Khan, voiced strong opposition to the recent constitutional amendments in alignment with his party's stance.