The government of Pakistan has proposed significant changes to the process of selecting the Chief Justice of Pakistan (CJP), according to its draft of constitutional amendments.
According to the sources, the amendments suggest that the successor to the CJP will be chosen from the three most senior judges of the Supreme Court by an eight-member parliamentary committee.
This move is part of the coalition government’s broader efforts to introduce a “Constitutional Package” aimed at reforming various legal structures. Led by Pakistan Peoples Party (PPP) MNA Syed Khursheed Shah, a special parliamentary committee has been holding regular meetings to build consensus across political parties on these proposed changes.
The government needs a two-thirds majority in both the National Assembly (NA) and Senate to pass the constitutional amendments. However, it currently faces a shortfall of 13 votes in the NA and nine in the Senate.
During a meeting on Saturday, the government and Jamiat Ulema Islam-Fazl (JUI-F) shared their respective drafts for the constitutional amendment. The government has proposed the establishment of a Federal Constitutional Court (FCC) to handle constitutional matters, while the JUI-F is pushing for the creation of special constitutional benches within the Supreme Court.
Key Features of the Government’s Draft
The proposed Federal Constitutional Court (FCC) would consist of seven members, including the chief justice. The first chief justice of the FCC would be appointed by the president on the advice of the prime minister. The remaining FCC judges would be appointed following the recommendations of a commission led by the FCC chief justice, with its five most senior judges serving as commission members.
The draft also outlines the formation of provincial constitutional courts, with the decisions of these courts being appealable to the FCC. Notably, the government has proposed that the decisions of the FCC cannot be challenged in any court.
A key aspect of the proposal is the establishment of a dismissal process for judges, where the FCC would have the authority to initiate the removal of judges, subject to final approval from the president.
JUI-F’s Constitutional Draft
JUI-F, led by Maulana Fazlur Rehman, has proposed the formation of special Supreme Court benches to handle constitutional cases. These benches would consist of the CJP and the four most senior judges of the Supreme Court. The party also supports the implementation of the 18th Amendment concerning judicial appointments and suggests that the Supreme Court’s constitutional bench should hear appeals against decisions made by the constitutional benches of high courts.
Both parties have indicated that the government will present the draft bill in parliament after the Shanghai Cooperation Organisation (SCO) summit. However, given the opposition to these proposals from both coalition allies and opposition members, the government has embarked on a consultation process before moving forward with the bill.
