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ISLAMABAD: The Pakistani government has proposed a significant change in the selection process of the Chief Justice of Pakistan (CJP), currently held by Qazi Faez Isa.
According to the draft for constitutional amendments, the successor will be chosen from the three most senior judges of the Supreme Court. This selection will be made by an eight-member parliamentary committee, aiming to ensure a more transparent and consensus-driven process.
The government has stepped up efforts to evolve consensus on its controversial “Constitutional Package” with all political parties, regularly holding meetings of the special parliamentary committee.
Led by Pakistan Peoples Party (PPP) MNA Syed Khursheed Shah, this committee discusses the proposed constitutional changes.
However, the government faces a challenge in passing these amendments, requiring a two-thirds majority in parliament but currently lacking 13 votes in the National Assembly and nine in the Senate.
To address this shortfall, the government and opposition parties are actively engaging in consultations. In a recent meeting, the government and Jamiat Ulema-e-Islam-Fazl (JUI-F) shared their respective drafts for the constitutional amendment.
The government proposed the structure of a Federal Constitutional Court (FCC), comprising seven members, including the chief justice. The first chief justice and three senior judges of the FCC will be appointed on the recommendation of a committee consisting of four parliament members, the federal law minister, and a Pakistan Bar Council representative.
Additionally, the government’s draft proposes the establishment of provincial constitutional courts. The prime minister will consult with the president on the appointment of qualified judges, and the remaining members of the FCC will be appointed by the president in consultation with its chief justice.
The proposed amendment also outlines requirements for judges, including a minimum age of 40 years, three years of court experience, and 10 years of legal experience.
JUI-F’s CounterProposal
In contrast, JUI-F’s draft proposes special constitutional benches of the Supreme Court to hear constitutional cases. These benches will consist of the Chief Justice and four senior judges.
The party also suggests implementing the 18th Amendment to the extent of appointing judges and authorizing the constitutional bench of the Supreme Court to hear appeals against high court decisions. Furthermore, cases related to constitutional interpretation will be exclusively heard by the constitutional bench.
The government’s attempt to present the bill to amend the Constitution last month was met with opposition from allies and opposition parties, prompting the administration to initiate a consultation process. With ongoing discussions, the government aims to build consensus and secure the necessary votes to pass these significant constitutional amendments.
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