After the 26th Amendment in the constitution of Pakistan, the method of the appointment of a New Chief Justice of the Supreme Court has changed and the parliament and the government have regained the authority to choose the CJP.
If the newest amendment in the constitution had not been made, Justice Mansoor Ali Shah would have become the new CJP automatically after the retirement of CJ Qazi Faez Isa on 25 October, however now the new JCP will be chosen from the three most senior judges of the top court: Justice Mansoor Ali Shah, Justices Munib Akhtar and justice Yahya Afridi, as per the new method.
As per the new method, Current CJP Qazi Faez Isa is required to submit the names of three senior judges to the 12-member parliamentary committee by midnight on Tuesday, from whom the new CJP will be chosen.
As per media reports, the third senior judge Yahya Afridi is most likely to be appointed as the new Chief Justice of Pakistan. In this case, the question arises of whether the two most senior judges would resign if superseded or would continue their positions.
Before the 19th Amendment to the Constitution of Pakistan, the Chief Justice was appointed by the President of Pakistan, based on the advice of the Prime Minister. This process often involved consultation with senior judges, but the final decision rested with the President. The 19th Amendment, enacted in 2010, changed the appointment process, and the position was decided on a seniority basis.
In Pakistan, there are many examples of the retirement of senior army generals in case of superseded by the government during approximant of a new Army Chief, however, in the Pakistani judiciary there is no such clear example of senior judges’ retirement over the issue of superseding. So in the light of the past, it is most likely that Justice Mansoor Ali Shah, and Justice Munib Akhtar would continue their job if their junior was appointed as CJP. However, if they both are any one of them resigns, it will be a new example in the history of the Pakistani judiciary.
