ISLAMABAD: Pakistan’s bicameral parliament has formed a special committee to choose the country’s next chief justice, following the recent 26th constitutional amendment that allows parliament to appoint the top judge and implement other significant changes.
Current Chief Justice Qazi Faez Isa is set to retire this Friday. Previously, the second-most senior judge of the Supreme Court automatically ascended to the chief justice role upon the retirement of the incumbent at age 65. However, the recent amendment mandates that a 12-member parliamentary committee choose the new chief justice from among the three most senior judges of the Supreme Court.
The amendment to Article 175A significantly alters the process of judicial appointments, transferring more power to the parliamentary committee, which consists of eight members from the National Assembly (NA) and four senators.
In the wake of the 26th Constitutional Amendment, the Pakistan Muslim League-N (PML-N) has nominated Senator Azam Nazir Tarar, while the Pakistan People’s Party (PPP) has put forward Senator Farooq Naek for the committee. Moreover, Jamiat Ulema-e-Islam Fazl (JUI-F) nominated Senator Kamran Murtaza, and Senator Ali Zafar was selected by the Sunni Ittehad Council backed PTI.
From the National Assembly, the PPP nominated Raja Pervez Ashraf and Syed Naveed Qamar, while Barrister Gohar and Sahibzada Hamid Raza were nominated by the Sunni Ittehad Council.
The passage of the 26th Constitutional Amendment has sparked controversy over its potential impact on judicial independence, with many politicians and bar associations criticizing the amendment for increasing governmental influence over judicial appointments.
The establishment of a commission that includes politicians alongside judges has raised concerns about the impartiality of these appointments.
Historically, the Chief Justice of Pakistan and other judges were mainly appointed by the judiciary, with minimal external influence. However, the recent amendment has led to fears that political involvement could undermine the fairness of judicial appointments.
