Contours of constitutional amendment draft emerge

ISLAMABAD: The main contours of the constitutional amendment draft approved by the parliament’s special parliamentary committee have come to the fore.

The draft proposes an amendment to Article 175A, under which the chief justice of Pakistan will be appointed by a special parliamentary committee. The parliamentary committee will nominate one of the three most senior judges of the Supreme Court for the slot of the chief justice.

According to the draft, the Judicial Commission will be reconstituted for the appointment of Supreme Court judges, with the Chief Justice serving as the head. The commission will include the four most senior Supreme Court judges, the Federal Law Minister, the Attorney General, and a representative from the Pakistan Bar Council.

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The draft outlines that the Judicial Commission will also have two members each from the National Assembly and the Senate.

One representative from the government and one from the opposition will be selected from both houses.

Additionally, the commission will include one woman or non-Muslim member, who must be eligible to contest for a technocrat seat in the Senate.

The draft further states that the Prime Minister will forward the name of the Chief Justice to the President based on the parliamentary committee’s recommendation. If a nominee is rejected, the next senior judge will be considered. The term for the Chief Justice of Pakistan will be three years, with a proposed upper age limit of 65 years.

The draft also addresses Article 184(3), proposing that the Supreme Court should not issue any directive or declaration on its own.

Under Article 186A, the Supreme Court will have the authority to transfer cases from one High Court to another, and the Judicial Commission will review the annual performance of High Court judges.

The proposed 26th draft includes 26 amendments. One notable proposal is the re-establishment of a constitution bench. The Judicial Commission will determine the composition and number of judges for these benches, which will, as far as possible, include equal representation from all provinces.

The constitution bench will have the authority to take suo motu notice under Article 184, while cases related to constitutional interpretation will fall under their jurisdiction according to Article 185.