KARACHI: Following the retirement of current Chief Justice Qazi Faiz Isa on October 25, a legal expert Munir A. Malik claimed that Justice Syed Mansoor Ali Shah will take charge of the role of Constitutional Chief Justice of Pakistan on October 26, ARY News reported on Sunday.
During an interview at ARY News program, Malik stressed that Chief Justices should be appointed based on seniority, stating, “Everyone knows who the senior judge is, and Syed Mansoor Ali Shah will naturally assume the role of Chief Justice.”
He argued that appointing the Chief Justice based on seniority ensures fairness and prevents any one person from holding undue influence.
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Malik also discussed the limitations of constitutional changes, referencing the 18th Amendment, particularly Malik Asad Ali’s case, which set principles regarding the powers of Parliament.
He stated, “The Constitution cannot be nullified, nor can its basic structure be altered. Parliament’s powers are limited and cannot override the judiciary or dismantle the court.”
Furthermore, he clarified that while the judiciary has no power to create laws, it holds the authority to interpret and apply them, ensuring they align with the Constitution.
Malik also underscore that the importance of the Constitution as a binding agreement between the people of Pakistan, not merely political factions.
