Special Parliamentary Committee formed for CJP appointment to meet today

ISLAMABAD, OCT 22 (DNA): A 12-member Special Parliamentary Committee, formed to decide on the appointment of the country’s next Supreme Court chief justice, is set to meet at 4pm today (Tuesday).

The committee — notified by the National assembly secretariat on Monday night under Article 175A of the tweaked Constitution that came into affect after the passage of the 26th Constitutional Amendment — will be conducting an in-camera meeting to decide who will take the top apex court job for the next three years.

The parliament kicked off the process to nominate the new Chief Justice of Pakistan as soon as the legislation was passed by both the upper and lower houses.

“In terms of clause (3B) of Article 175A of the Constitution has been pleased to notify the Special Parliamentary Committee comprising members as per nomination by respective parliamentary leaders based on their strength in Parliament for the nomination of the Chief Justice of Pakistan,” the NA notification read.

The committee consists of senators Azam Nazeer Tarar from the Pakistan Muslim League-Nawaz (PMLN), Farooq H Naek from Pakistan Peoples Party (PPP), Syed Ali Zafar from Pakistan Tehreek-e-Insaf (PTI), and Kamran Murtaza Jamiat Ulema-e-Islam-Fazl (JUI-F).

Meanwhile, members of the NA from PML-N include Khawaja Asif, Ahsan Iqbal and Shaista Parvez; Raana Ansar from Muttahida Qaumi Movement-Pakistan (MQM-P), Syed Naveed Qamar and Raja Pervez Ashraf from PPP, and Barrister Gohar Ali Khan and Sahibzada Hamid Raza from the Sunni Ittehad Council (SIC).

As the coalition government has two-thirds majority in the special committee, the forum is set to finalise the nomination at the very first meeting. It may be pointed out that the process for appointment of the new chief justice is required to be completed in the next three days as incumbent CJP Qazi Faez Isa is going to retire on October 25.

As per clause 3C of Article 175A, the committee by the majority of not less than two-thirds of its total membership, within 14 days prior to retirement of the CJP would send the nomination. However, the first nomination under clause 3 after commencement of the Constitution (Twenty-sixth) Act 2024 would be sent within three days prior to retirement of the chief justice.

The committee would send the name of the nominee to the prime minister who would forward the same to the president for the appointment. The committee constituted would nominate new CJP from amongst Justice Syed Mansoor Ali Shah, Justice Munib Akhtar and Justice Yahya Afridi — three senior most judges of Supreme Court after the incumbent chief justice.

However, the clause (3) of Article 175A also mentioned that if the nominee from amongst three senior most judges declines, the remaining judges from amongst three senior most judges would be considered for nomination.

Earlier, on Prime Minister Shehbaz Sharif’s advice, President Asif Ali Zardari gave his assent to ‘the Constitution (26th Amendment) Bill 2024’ turning it into an Act. After Presidential assent, it was notified in the Gazette of Pakistan.

NA Speaker Sardar Ayaz Sadiq wrote a letter titled ‘Constitution of the Special Parliamentary Committee under Article 175A of the Constitution’ to the Senate Chairman Syed Yousaf Raza Gilani for constitution of the 12-member special parliamentary committee for nomination of the new CJP.

The special parliamentary committee under clause 3A of Article 175A would comprise eight members from the National Assembly and four members from the Senate. “I have the honour to invite your attention to Article 175A of the Constitution whereby is to be nominated by the special parliamentary committee from amongst three most senior Judges of the Supreme Court,” the letter said.

The speaker drew attention of the Senate chairman that under clause 3B of Article 175A, the parliamentary parties shall have proportional representation in the committee based on their strength in Parliament to be nominated by respective parliamentary leaders.

Therefore, the speaker said that four members from the Senate may be nominated for the special parliamentary committee. Meanwhile, the NA secretary has also written letters to parliamentary leaders of PPP, PML-N, MQM-P and SIC to seek nomination of their MNAs for the special parliamentary committee.

Responding to the speaker’s letter, the Senate chairman sent names of four senators, Tarar, Naek, Zafar and Murtaza for representation in the special parliamentary committee.

The names were suggested by the parliamentary leaders of the respective parties in the Senate after receiving the message from the Senate chairman. Addressing the National Assembly after the House passed the legislation, PM Shehbaz said that the 26th Constitutional Amendment passed by the parliament would prove to be a milestone in the country’s history besides safeguarding its future.

“This is a historic day. The 26th Constitutional Amendment is not just an amendment but another magnificent example of national solidarity and unity. Today a new dawn will usher in and a new sun will rise which will brighten the whole country,” he said.