ISLAMABAD: As part of the new process introduced through the 26th Constitutional Amendment, a special parliamentary committee has been formed to oversee the appointment of the next Chief Justice of Pakistan, ARY News reported on Monday.
The amendment to Article 175A proposes key changes to how judges are appointed, shifting more authority to a 12-member parliamentary committee – comprised of eight members from the National Assembly (NA) and four senators – to appoint the CJP, selecting from among the three most senior judges.
However, following the approval of the 26th Constitutional Amendment, the Pakistan Muslim League-N (PML-N) nominated Senator Azam Nazir Tarar, while the Pakistan People’s Party (PPP) named Senator Farooq Naek for the committee.
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Senator Kamran Murtaza was nominated by Jamiat Ulema-e-Islam Fazl (JUI-F), and Senator Ali Zafar was put forward by the Sunni Ittehad Council.
Additionally, Pakistan Peoples’ Party (PPP) nominated Raja Pervez Ashraf and Syed Naveed Qamar from the National Assembly (NA), with Barrister Gohar and Sahibzada Hamid Raza nominated by the Sunni Ittehad Council.
The recently passed 26th Constitutional Amendment by the Senate and National Assembly, has sparked debate due to its perceived impact on judicial independence with many politicians and bar association criticized the amendment which gives the government greater influence over judicial appointments, particularly with the establishment of a commission that includes politicians alongside judges.
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Previously, the Chief Justice of Pakistan and other judges were primarily appointed by the judiciary, with limited external input.
However, with the recent amendment, the political influence in the commission many fear this could undermine the equity of judicial appointments.
The formation of the special committee reflects the new process, which is seen by some as an attempt to balance power, while others believe that the ‘judiciary’s wings has been clipped’ by recent amendments in the constitution.
