The government of Pakistan has proposed selecting the successor to Chief Justice Qazi Faez Isa from the three most senior Supreme Court judges as part of a draft for planned constitutional amendments.
An eight-member parliamentary committee will select this significant position. Amid efforts to build consensus on its ‘Constitutional Package,’ the coalition government engages all political factions through regular meetings led by PPP MNA Syed Khursheed Shah.
Passing the amendments requires a two-thirds majority in the National Assembly and the Senate, which the government currently lacks by 13 and nine votes, respectively.
In a recent meeting, the government and JUI-F presented their drafts for the amendment, focusing on the proposed Federal Constitutional Court (FCC) structure and a special constitutional bench for the top court.
The draft suggests that the FCC will consist of seven members, including a chief justice whom the president will appoint upon the prime minister’s recommendation. A committee comprising members of parliament, the federal law minister, and a Pakistan Bar Council representative will recommend the initial chief justice and three senior judges.
The government proposes a commission to appoint FCC judges, led by the chief justice and including its five most senior judges. The draft also introduces provincial constitutional courts and specifies that the prime minister will consult on judicial appointments before forwarding recommendations to the president.
Judges appointed to the FCC must be at least 40 years old, with three years of court experience and ten years of legal practice. An FCC will also oversee the dismissal of judges, requiring the president’s final approval.
The JUI-F’s draft proposes special Supreme Court benches to hear constitutional cases, including the Chief Justice and four senior judges. The Supreme Court’s constitutional bench will have the authority to hear appeals against decisions from high court constitutional benches.
