ISLAMABAD: Justice Yahya Afridi is expected to be appointed as the next Chief Justice of Pakistan if the constitutional package, unanimously approved by the parliamentary committee on Friday, is passed by the parliament.
Sources within the government informed The News that if the constitutional amendment is enacted, Justice Yahya Afridi would be the preferred candidate for the position. Following the retirement of current Chief Justice Qazi Faez Isa, the three most senior judges eligible for the role would be Justice Mansoor Ali Shah, Justice Munib Akhtar, and Justice Yahya Afridi. Notably, in an era of deep divisions within the Supreme Court, Justice Afridi has maintained a neutral and non-controversial stance.
The constitutional package proposes a new procedure for appointing the Chief Justice of Pakistan, stating: “The Chief Justice of Pakistan shall be appointed based on the recommendation of a Special Parliamentary Committee from among the three most senior judges of the Supreme Court. The Committee shall send the nominee’s name to the Prime Minister, who will forward it to the President for appointment. If the nominee declines, the next senior judge will be considered, and so on, until a Chief Justice is appointed.”
The package outlines the composition of the committee responsible for recommending the new Chief Justice, giving a majority to members from the treasury benches. According to the proposal, the Special Parliamentary Committee will consist of 12 members: eight from the National Assembly and four from the Senate. If the National Assembly is dissolved, the committee will be composed solely of Senate members.
In terms of party representation, the package states that each parliamentary party will be represented on the committee proportionally, based on their strength in parliament. Members will be nominated by their respective parliamentary leaders, and the Chairman of the Senate or the Speaker of the National Assembly will formally notify the committee members.
The committee, by a majority vote, will send the nomination to the Prime Minister 14 days before the retirement of the current Chief Justice. However, for the first appointment following the passage of the 26th Constitutional Amendment, the nomination must be made three days before the current Chief Justice’s retirement.
The package also ensures that any action or decision taken by the commission or committee cannot be invalidated solely due to a vacancy or the absence of any member during its proceedings.
