ISLAMABAD (Dunya News) - The 26th amendment was incorporated in the 1973 Constitution of Pakistan on Monday after President Asif Ali Zardari signed the bill.
The National Assembly and the Senate passed the amendment on Sunday night after days of wrangling between the treasury and opposition.
Now, the question which arises is whether the appointment of new chief justice will take place by Oct 26.
Significant changes have been brought about in the process of appointment and tenure of the chief justice after the passage of the bill.
HOW CJP WILL BE APPOINTED?
According to the amendment, nomination of the new chief justice would be made by a 12-member parliamentary committee 14 days before the retirement of the outgoing chief justice.
Here is the issue: As per the amendment, it is required for a parliamentary committee to send its nominated names 14 days before the retirement of sitting CJ.
But in first of such case, the committee would have to send nominations three days prior to the retirement of the outgoing judge.
It should be noted that Chief Justice Qazi Faez Isa would leave the office on Oct 25. The very next (Oct 26), the new chief justice is supposed to take oath.
According to legal experts, nominations for the new chief justice should be made by Oct 22 or 23.
WHO WILL BE ON PARLIAMENTARY COMMITTEE?
Eight members of the National Assembly and four Senators would make the 12-member committee. The new chief justice would be appointed from among the three senior-most judges of the Supreme Court.
No question could be raised on the decision of the parliamentary committee according to the amendment. Also, the tenure of chief justice is set at three years unless he turns 65 or resigns.
WHAT ABOUT QAZI FAEZ ISA?
Another question which needs answer is: Will Qazi Faez Isa’s tenure be extended as the 26th amendment has been passed before his retirement?
The government said the age limit for the chief justice would remain 65 years. "If one becomes top judge at 64 years, he would be retired the very next year when he reached the age limit." "Also, if one becomes top judge at 60 years, he would leave the office at 63 years and would not get two more years to reach 65 years. The tenure is fixed at three years."
As per the amendment, the incumbent chief justice would send the names of three senior-most judges to the parliamentary committee by Oct 22.
The committee would agree with majority on one name and send it to the prime minister. After his assent, the name would be sent to the president for final approval.