Following the approval of the 26th constitutional amendment, a formula has been finalised for the representation of parliamentary parties in the special committee tasked with the appointment of the Chief Justice of Pakistan.
According to the formula, every 39 members of the National Assembly will grant a political party one seat in the committee, while in the Senate, every 21 members will qualify a party for one seat.
Based on this proportional representation formula, the Pakistan Muslim League-Nawaz (PML-N) is expected to secure four seats on the special committee, with three members from the National Assembly and one from the Senate.
The ruling coalition partner, Pakistan Peoples Party (PPP), is likely to receive three seats, comprising two members from the National Assembly and one from the Senate.
Additionally, the Pakistan Tehreek-e-Insaf (PTI) and Sunni Ittehad Council are expected to secure seats, with PTI receiving one from the Senate and the Sunni Ittehad Council gaining two from the National Assembly.
Muttahida Qaumi Movement (MQM) and Jamiat Ulema-e-Islam-Fazl (JUI-F) are also anticipated to gain one seat each, with MQM’s representative from the National Assembly and JUI-F’s from the Senate. There is also a possibility of JUI-F receiving an additional seat through the government's special quota.
The committee will be formed under Article 175A, subsections 3A(1) and 3A(2) of the Constitution.
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.
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.
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.
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.
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.
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