CJP’s appointment
National Assembly Speaker Ayaz Sadiq on Monday night notified the Special Parliamentary Committee that is set to deliberate on the appointment of the upcoming chief justice of Pakistan (CJP) from the three most senior Supreme Court judges.
CJP Qazi Faez Isa is set to retire as the top judge on October 25. Originally, senior puisne judge Justice Mansoor Ali Shah was set to be the next CJP.
However, on Monday the 26th Constitutional Amendment was passed into law. Among the many changes in the act, the greatest number of amendments are to Article 175A, which deals with the process of appointment of judges to the Supreme Court, high courts and the Federal Shariat Court.
Under amendments to clause 3 of Article 175A, instead of the president appointing the “most senior judge of the Supreme Court” as the CJP, the top judge will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges.
The next two most senior apex court judges are Justices Munib Akhtar and Yahya Afridi. The committee, constituted for the same purpose, shall send the name of the nominee to the prime minister who shall forward the same to the president for the appointment.
Under a new clause 3A, the Special Parliamentary Committee shall consist of the following twelve members, namely: Eight members from the National Assembly; and four members from the Senate: “Provided that when the National Assembly stands dissolved, the total membership of the committee shall consist of the members from the Senate only mentioned in paragraph (ii) and the provisions of this Article shall, mutatis mutandis, apply,” the act adds.
Under clause 3B, the “parliamentary parties shall have proportional representation on the committee, based on their strength in Majlis-i-Shoora (parliament), to be nominated by their respective parliamentary leaders. The chairman and the speaker of the National Assembly, as the case may be, shall notify members of the committee”.
Under clause 3C, the Committee shall send the nomination, “by majority of not less than two-thirds of its total membership, within 14 days prior to the retirement” of the CJP.
The act adds: Provided that the first nomination under clause (3), after the 26th Amendment is in force, shall be sent “within three days prior to the retirement” of the top judge.
Accordingly, Sadiq notified the committee today under clause 3B after nominations by the respective parliamentary leaders of political parties based on their strength in parliament.
The committee comprises the PML-N’s Khawaja Asif, Ahsan Iqbal, Azam Nazeer Tarar and Shaista Pervaiz Malik; the PPPs Raja Pervez Ashraf, Farooq H Naek and Naveed Qamar; Muttahida Qaumi Movement-Pakistan’s Rana Ansar; Sunni Ittehad Council’s Hamid Raza, Barrister Ali Gohar and Ali Zafar and the Jamiat Ulema-i-Islam-Fazl’s Kamran Murtaza.
The parliamentary party leaders of the above four parties were earlier requested to nominate their MNAs for the committee.
