The PHC rejects the argument against the 26th amendment to the Constitution.
According to specifics, the petitioner had contended that the alteration impairs the judiciary’s independence by altering the Judicial Commission. The court rejected the plea, however, stating that the petitioner had retracted their request.
A fresh petition contesting constitutional revisions has previously been submitted to the Supreme Court (SC).
Advocate Saeem Chaudhry petitioned the Supreme Court to overturn the constitutional modifications, stating that Article 179—which deals with judges’ retirement age—should be deemed a vital component of the document.
It’s crucial to remember that the bill, which fixed the Chief Justice of Pakistan’s term at three years, was approved by the National Assembly and Senate with a two-thirds majority.
Three of the most senior justices will serve in a 12-member parliamentary committee that will choose the next Chief Justice.
The 26th amendment to the constitution
The three-year term for the Chief Justice of Pakistan has been established by the constitutional amendment.
The three most senior justices will form a 12-member legislative committee that will choose the country’s next Chief Justice.
The Prime Minister will recommend the candidate to the President for final approval once the committee, which consists of eight members from the National Assembly and four from the Senate, makes the recommendation.
In addition, the Chief Justice will preside over a Judicial Commission of Pakistan that will appoint Supreme Court judges. This commission will include three senior judges, two representatives from the National Assembly and Senate, the Attorney General, the Federal Minister for Law and Justice, and a nominee of the Pakistan Bar Council who has at least fifteen years of experience practicing in the Supreme Court.