The Speaker of the National Assembly, Ayaz Sadiq, on Monday initiated steps to reconstitute the Judicial Commission under the 26th Constitutional Amendment, requesting names from both the government and opposition.
Following the approval of the 26th Constitutional Amendment, a new selection process for the Chief Justice of Pakistan has come into place in the country. Under the new law, the Chief Justice of Pakistan will be selected from among three senior judges rather than automatically choosing the most senior.
This move towards reconstituting the judicial commission aims to address pressing legal matters and enhance the functionality of the judicial system in Pakistan.
A 12-member parliamentary committee will decide the chief justice’s name, requiring a two-thirds majority. The name will then be sent to the Prime Minister, who will forward it to the President for approval.
In cases where a senior judge declines, the next most senior judge’s name will be considered. The term for the Chief Justice will last for three years or until reaching the retirement age of 65.
In addition, the amendment outlines that the appointment of Supreme Court judges will be managed by a commission led by the Chief Justice.
This commission will include four senior judges, the Federal Law Minister, the Attorney General, and two representatives each from the National Assembly and Senate, along with a representative from the Bar Council with at least 15 years of experience.
The amendment also stipulates that no court, tribunal, or authority can challenge the advice sent to the President by the Prime Minister or Cabinet.
Furthermore, the Judicial Commission will include four parliament members to oversee the selection of Supreme Court judges. The commission will establish the number of constitutional benches and judges within the Supreme Court and High Courts.
The development comes after the PTI formally decided to join the JCP, with nominated members to be selected from both houses of Parliament.
A statement was issued following a special meeting of PTI’s political committee.
The meeting included a comprehensive briefing on the Speaker of the National Assembly’s letter regarding the opposition’s nomination of two members to the Judicial Commission of Pakistan.
The briefing explained that, the responsibilities of the 13-member judicial commission have been expanded.
PTI’s political committee unanimously approved the proposal to join the Judicial Commission of Pakistan. This decision will be presented to the core committee for confirmation and then submitted to founding chairman Imran Khan for final approval.
There is full agreement that the names of the two opposition nominees for the commission will be officially announced after formal approval from Imran Khan.
The meeting also reiterated the party’s firm and principled stance on the 26th constitutional amendment.
