Coalition Government Faces Deadline to Appoint New Chief Justice Following 26th Constitutional Amendment
The coalition government has just over 30 hours to appoint a new Chief Justice of Pakistan (CJP), following the enactment of the 26th Constitutional Amendment. The new law, signed into effect by President Asif Ali Zardari on the advice of Prime Minister Shehbaz Sharif, changes the procedure for appointing the top judge and requires that the new CJP be appointed by October 22 at 12am, three days before the incumbent’s retirement.
With CJP Qazi Faez Isa set to retire on October 25, 2024, the government must finalise the appointment before the deadline. The 26th Amendment also introduces a three-year term for the CJP or until they reach the retirement age of 65.
Under the new rules, the CJP will no longer be selected purely based on seniority. Instead, a 12-member parliamentary committee will choose from the three most senior judges of the Supreme Court. The committee must reach a two-thirds majority to nominate the new CJP, which will then be forwarded to the prime minister and ultimately to the president for approval.
If any of the top three judges declines the role, the next senior judge will be considered. Currently, Justice Syed Mansoor Ali Shah is the most senior judge, followed by Justice Munib Akhtar and Justice Yahya Afridi. According to a report in The News, Justice Yahya Afridi is seen as a likely candidate for the position, with sources indicating support from the government and its allies. The report highlighted that Justice Afridi has maintained a non-controversial and neutral stance amid divisions within the Supreme Court in recent years.
