The federal cabinet on Sunday approved the draft of the 26th constitutional amendment after securing consensus from the government’s coalition partners, according to a statement from the Prime Minister’s Office.
The Constitutional Package outlines proposed amendments to the Constitution, including a revision to the process for appointing the Chief Justice of Pakistan (CJP). A special parliamentary committee, which was formed last month with representation from all political parties, including the PTI, has been deliberating on these changes.
Appointment of the Chief Justice of Pakistan
Under the proposed amendment, the position of Chief Justice will no longer be automatically granted to the most senior judge. Instead, the appointment will be made from among the three most senior judges of the Supreme Court, based on the recommendation of the special parliamentary committee.
Currently, Justice Mansoor Ali Shah, Justice Munib Akhtar, and Justice Yahya Afridi are in line for consideration based on seniority.
The committee responsible for this decision will consist of 12 members—eight from the National Assembly and four from the Senate. A majority of the committee members will be from the ruling government. If the National Assembly is dissolved, the committee will comprise only Senate members.
Once the committee selects a candidate, the name will be forwarded to the Prime Minister, who will then send it to the President for approval. Should the Prime Minister reject the committee’s nomination, the next senior judge will be considered, and this process will continue until a CJP is appointed.
The committee must submit the nominated judge’s name to the Prime Minister at least 14 days before the current Chief Justice’s retirement.
