Pakistan begins process to choose new top judge after passage of contentious constitutional amendment

A general view of the Pakistan's Supreme Court is pictured in Islamabad on April 6, 2022. (AFP/File)

• Pakistan parliament has allowed a 12-member parliamentary committee to pick chief justice from a panel of three senior-most judges
• Previously, the Supreme Court’s second-most senior judge automatically became the chief justice when the top judge retired at age 65

ISLAMABAD: Pakistan on Monday began the process to choose the new chief justice of the country, following the passage of a controversial constitutional amendment that empowered parliament to appoint the top judge among other changes.
The current Chief Justice Qazi Faez Isa is due to retire this Friday. Previously, the Supreme Court’s second-most senior judge automatically became the chief justice when the top judge retired at age 65, but analysts say there had been concerns within the government circles that senior judges below Isa and in the high courts had shown leniency to Khan in a number of cases.
In an extraordinary session that began on Sunday and continued overnight into Monday, Pakistan’s parliament passed the 26th Constitutional Amendment that allows a 12-member parliamentary committee to pick the chief justice from a panel of three senior-most judges of the Supreme Court.
“I have the honor to invite your kind attention to Article 175A of the Constitution of the Islamic Republic of Pakistan, whereby the chief justice of Pakistan is to be nominated by the special parliamentary committee from among the three most senior judges of the Supreme Court,” Speaker Ayaz Sadiq wrote in a letter to parliamentary heads of political parties in the National Assembly, lower house of parliament.
“Foregoing in view, MNAs [members of the National Assembly] from your party may be nominated for the said committee, accordingly.”
The parliamentary committee will comprise eight members from the National Assembly and four from the Senate, the upper house of parliament.
Sadiq also wrote to Senate Chairman Yusuf Raza Gilani to nominate four senators for the panel.
Pakistani politicians have long complained about judicial overreach into matters of governance, stoking tensions between the judiciary and legislature.
Former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) opposition party and the legal fraternity opposed the amendment, saying the changes were aimed at curtailing the powers of judiciary.
Barrister Aqeel Malik, the government’s legal adviser, told Arab News the process of appointing judges to high courts as well as selecting the chief justice from a panel of three senior most judges required greater parliamentary oversight and input.
“This in no way curtails the judiciary’s powers, but it does ensure parliamentary oversight and a greater role in the selection and appointment of judges, all within the constitutional framework,” he said.
 
“This will ensure not just the seniority principle, but of course other considerations such as legal wisdom, acumen and overall general administrative experience.”
Malik said the parliamentary committee would begin its deliberations immediately and it has until Wednesday to send its recommendations to the prime minister, based on a majority vote among the three senior-most judges for the appointment of the chief justice of Pakistan.
Pakistan’s top court has become a battleground between the government and jailed former Prime Minister Imran Khan, ruling on issues ranging from a controversial national election to a potential military court trial for Khan and his supporters.
Former cricket star Khan, 71, has been in jail for over a year. His 2022 removal from office and subsequent clashes with the military have triggered Pakistan’s worst political turmoil in decades.
“It is a black day in our constitutional history and for judicial independence,” Gohar Ali Khan, chairman of Khan’s party, said as the Pakistan parliament moved to pass the 26th constitutional amendment in wee hours of Monday.