Law Minister Azam Nazeer Tarar confirmed on Sunday that the government was going to change the appointment process of the chief justice of Pakistan.
“In the past, the Judicial Commission of Pakistan, including five high courts and the Supreme Court, made the decision. This made it a 29-member commission,” he said while addressing a press conference after the federal cabinet meeting in Islamabad.
“I said that Parliament thinks judges appointment should be as per their evaluation and Parliament’s role should be revisited,” Tarar said.
He added that appointments were made in the Supreme Court and the Lahore High Court following the same process.
There was a view to revisit the seniority principle. “One name will be decided from the three senior-most SC judges for the CJP.”
The prime minister has transferred this right to Parliament, he said and added that the committee will have an equal proportion from the opposition and the treasury. A 12-member committee will be formed, comprising eight MNAs and four senators.
“The government and the opposition will have proportional representation. This committee will give a name with a two-thirds majority to the PM. Then CJP will be appointed.”
“We believe there will be transparency in the appointment process. The CJP tenure has been fixed for three years. In today’s foreseeable future, Justice Mansoor Ali Shah has little more than three years. It has been fixed at three years or reaching a retirement age. Whatever comes first.”
He said: “65 is the cut-off date. If you become CJP before retirement age, then your remaining time will be considered as retirement.”
Moreover, he said that the CJP-led judicial commission will have the right to the formation of benches.
“The new face of JCP will have CJP, four senior-most SC judges, four parliamentarians – two each from Senate and the National Assembly [one each from treasury and opposition], law minister, and the AGP. NA speaker will nominate people from marginalised communities outside of parliament. Those who are qualified as technocrats for the Senate. The civil society has been made part of it. The PBC is already part of it.”
