Under 26th constitutional amendment, CJP to be picked from three senior-most judges: Law Minister

Law Minister Azam Nazeer Tarar said on Sunday that the government was going to review the seniority principle in the Supreme Court under the 26th Constitutional Amendment and that the Chief Justice of Pakistan (CJP) will be picked from the three senior-most judges.

He revealed this while briefing the media on the federal cabinet’s decision regarding the 26th constitutional amendment.

He was accompanied by Minister for Information and Broadcasting Attaullah Tarar.

The law minister stated that the draft includes a mechanism for the formation of constitutional benches in the provinces. He said the Judicial Commission of Pakistan will have the authority to establish these benches.

“In the past, the Judicial Commission, including five high courts and the Supreme Court, made the decision,” he said.

Tarar said the prime minister had transferred this right to Parliament. He noted that the committee will have an equal proportion of the opposition and the treasury. A 12-member committee will be formed, comprising eight MNAs and four senators.

“The government and the opposition will have proportional representation. This committee will give a name with a two-thirds majority to the PM. Then CJP will be appointed.”

“We believe there will be transparency in the appointment process. The CJP tenure has been fixed for three years. In today’s foreseeable future, Justice Mansoor Ali Shah has little more than three years. It has been fixed at three years or reaching retirement age. Whatever comes first.”

Tarar said 65 is the cut-off age. If any judge becomes a CJP before retirement age, then his/her remaining time will be considered as retirement.

Moreover, he said that the CJP-led judicial commission will have the right to the formation of benches.

“The new face of JCP will have CJP, four senior-most SC judges, four parliamentarians – two each from Senate and the National Assembly [one each from treasury and opposition], law minister, and the AGP.”

“Marginalised communities and those whose fundamental rights need to be enforced, such as women and minorities, will be appointed by the National Assembly Speaker,” he added. “We will also bring in someone from outside parliament as a technocrat, who can provide input based on their experience.”

The law minister’s briefing comes after the federal cabinet approved the draft proposal for the 26th constitutional amendment.

The cabinet meeting was held under the chairmanship of PM Shehbaz Sharif in Islamabad. During the meeting, Minister for Law and Justice Azam Nazeer Tarar provided a detailed briefing on the constitutional package.

“The federal cabinet approved the proposed draft of the 26th Constitutional Amendment in collaboration with government-allied parties, including the Pakistan Peoples Party,” the PMO statement read.

“The cabinet made decisions in the broader national interest, upholding its oath for national development and public welfare,” PM Shehbaz was quoted as saying in the statement.

“After stabilising the national economy, the country has achieved a significant milestone for constitutional stability and the rule of law,” he added.