Following the recent approval of the 26th constitutional amendment, a new formula has been set for how political parties will be represented in the special committee responsible for appointing the Chief Justice of Pakistan.
Under this system, a political party will earn one seat on the committee for every 39 members it has in the National Assembly, while in the Senate, a party will get one seat for every 21 members.
According to this proportional representation plan, the Pakistan Muslim League-Nawaz (PML-N) is projected to win four seats—three from the National Assembly and one from the Senate. The Pakistan Peoples Party (PPP), a coalition partner, is likely to secure three seats, with two members from the National Assembly and one from the Senate.
Additionally, the Pakistan Tehreek-e-Insaf (PTI) is expected to gain one seat in the Senate, while the Sunni Ittehad Council is anticipated to obtain two seats from the National Assembly. The Muttahida Qaumi Movement (MQM) and Jamiat Ulema-e-Islam-Fazl (JUI-F) are expected to receive one seat each, with MQM’s representative coming from the National Assembly and JUI-F’s from the Senate. There’s also a possibility of JUI-F getting an extra seat through a government quota.
The committee will be formed as per Article 175A, subsections 3A(1) and 3A(2) of the Constitution, marking a significant shift in how the Chief Justice of Pakistan will be chosen. Under the new law, the Chief Justice will now be selected from among three senior judges instead of automatically being the most senior judge.
A 12-member parliamentary committee will make the selection, with a requirement for a two-thirds majority. The chosen nominee will then be sent to the Prime Minister, who will forward it to the President for final approval.
This commission will consist of four senior judges, the Federal Law Minister, the Attorney General, two representatives each from the National Assembly and Senate, and one representative from the Bar Council with at least 15 years of experience.
If a senior judge declines the position, the next most senior candidate will be considered. The Chief Justice’s term will last for three years or until the retirement age of 65.
Importantly, the amendment states that no court, tribunal, or authority can challenge the advice the Prime Minister or Cabinet sends to the President. Additionally, a Judicial Commission will be established to oversee the selection of Supreme Court judges, determining the number of constitutional benches and judges in the Supreme Court and High Courts.
This special parliamentary committee will ensure representation from all political parties, with eight members from the National Assembly and four from the Senate. Under Article 184(3), the Supreme Court will not issue directives or declarations on its own.
