A parliamentary committee was established to appoint the CJ.
Members of the committee include Senator Azam Nazir Tarar, Shaista Pervaiz, Khawaja Asif, and Ahsan Iqbal. Other participants include Syed Naveed Qamar, Raja Pervaiz Ashraf, and Farooq Naek, the leaders of the PPP.
Distinguished legal professionals Along with Sahibzada Hamid Raza, Barrister Ali Zafar, and Barrister Gohar, the committee also includes Kamran Murtaza, a member of the JUI-F, and Rana Ansar, a representative of the MQM-P, who has been assigned to the committee responsible for the important appointment process of the Chief Justice of Pakistan.
With the proposed constitutional amendment to Article 175A, the appointment of judges would undergo significant changes. The CJP would be chosen from among the three most senior judges by a 12-member parliamentary committee, which would be composed of four senators and eight members of the National Assembly (NA).
The Pakistan People’s Party (PPP) appointed Senator Farooq Naek to the committee, while the Pakistan Muslim League-N (PML-N) nominated Senator Azam Nazir Tarar earlier in the day following the 26th Constitutional Amendment’s adoption.
Ali Zafar was proposed by the Sunni Ittehad Council, whereas Kamran Murtaza was nominated by Jamiat Ulema-e-Islam Fazl (JUI-F).
In addition, the Sunni Ittehad Council nominated Barrister Gohar and Sahibzada Hamid Raza, while the Pakistan Peoples’ Party (PPP) nominated Raja Pervez Ashraf and Syed Naveed Qamar from the National Assembly (NA).
The Senate and National Assembly recently passed the 26th Amendment to the Constitution, which has generated controversy because of its alleged effects on judicial independence. Many politicians and the bar association have criticized the amendment, which gives the government more control over judicial appointments, especially with the creation of a commission that includes judges and politicians.
In the past, the judiciary had little external influence in the appointment of the Chief Justice of Pakistan and other judges.
The current modification, however, has many concerned that the political influence in the committee may jeopardize the fairness of judge appointments.
Some perceive the new process—which includes the creation of the special committee—as an effort to balance authority, while others think that previous constitutional revisions have “clipped” the branch’s wings.