The coalition government has just over 30 hours to appoint a new Chief Justice of Pakistan (CJP). This urgency comes after the enactment of the 26th Constitutional Amendment, which requires the appointment of the CJP to be finalized three days before the current CJP’s retirement. With Chief Justice Qazi Faez Isa set to retire on October 25, 2024, the government must finalize the appointment by October 22 at midnight.
The 26th Constitutional Amendment, recently signed into law by President Asif Ali Zardari on Prime Minister Shehbaz Sharif’s advice, introduces new rules for appointing the CJP. It sets the CJP’s term at three years or until they turn 65. The amendment also changes the process for selecting the top judge. The selection is no longer based solely on seniority but involves choosing from the three most senior judges of the Supreme Court.
A 12-member parliamentary committee will now play a key role in this process. The committee will nominate the new chief justice with a two-thirds majority vote. Once the committee reaches a decision, the selected name will be forwarded to the prime minister. The prime minister will then send the nomination to the president for final approval. This process, now mandated by law, adds a layer of scrutiny to the selection process.
The Three Senior Judges Declines the Position
If any of the three senior judges declines the position, the next most senior judge will be considered. Currently, the three most senior judges in the Supreme Court are Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, and Justice Yahya Afridi. The government must decide between these judges to appoint the next CJP.
According to a report in The News last week, Justice Yahya Afridi is the likely choice for the next Chief Justice of Pakistan. The report suggested that sources within the government and its allies favor Justice Afridi’s appointment. His neutral stance in recent times, especially when the judiciary has been divided on key issues, makes him a strong candidate for the role. The report highlighted Justice Afridi’s reputation as non-controversial and independent, a quality that could make him a preferred choice in the current political climate.
The clock is ticking for the government to finalize its decision. The new law demands swift action, as the appointment of the next CJP is crucial for the stability of the judiciary. With just over 30 hours remaining, the coalition government must reach a decision and ensure the process is completed before the deadline on October 22.
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