National Assembly Speaker Ayaz Sadiq has begun the process to reconstitute the Judicial Commission under the newly approved 26th Constitutional Amendment. He has called for nominations from both the government and the opposition to facilitate this reformation.
The 26th Amendment introduces a new selection process for the Chief Justice of Pakistan, shifting from an automatic seniority-based appointment to choosing the Chief Justice from among three senior judges. This change aims to address critical legal issues and improve the judicial system’s efficiency in Pakistan.
A parliamentary committee, comprising 12 members, will be responsible for selecting the Chief Justice, requiring a two-thirds majority for approval. The chosen name will be forwarded to the Prime Minister, who will then submit it to the President for final approval. If a senior judge declines the nomination, the next most senior judge will be considered.
The Chief Justice will serve a term of three years or until reaching the retirement age of 65. The amendment also establishes that the appointment of Supreme Court judges will be managed by a commission led by the Chief Justice, including four senior judges, the Federal Law Minister, the Attorney General, and representatives from the National Assembly and Senate, alongside a Bar Council representative with at least 15 years of experience.
Additionally, the amendment asserts that no court or authority can challenge the advice given to the President by the Prime Minister or the Cabinet regarding these appointments. The Judicial Commission will also oversee the selection of Supreme Court judges and determine the number of constitutional benches and judges in both the Supreme Court and High Courts.
In a related development, an important meeting of the Pakistan Tehreek-e-Insaf parliamentary party was held, led by opposition leader Omar Ayub, where members agreed to participate in the commission.
