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Friday September 13, 2024

'Seniority' only criterion for appointment of new CJP, says law minister

"The senior-most judge will be the [next] chief justice," says Azam Nazeer Tarar

By Web Desk
August 26, 2024
Law Minister Azam Nazeer Tarar speaks during a session of the National Assembly on April 14, 2023. — Facebook/NationalAssemblyOfPakistan
Law Minister Azam Nazeer Tarar speaks during a session of the National Assembly on April 14, 2023. — Facebook/NationalAssemblyOfPakistan

Federal Minister for Law Azam Nazeer Tarar has clarified that the only criterion to be followed for the appointment of a new chief justice of Pakistan (CJP) is "seniority". 

Speculations have been rife regarding a judiciary-centric legislation in parliament for granting extension to the top judge who is set to retire in October this year.

Rejecting these speculations, the law minister stated that the new CJP will be appointed based on "seniority" only.

"Seniority will be of paramount importance in the process of appointment of a new chief justice. The senior-most judge will be the chief justice," Tarar said while speaking to Geo News on Monday.

Advising against politicising the appointment of judges, the minister said unnecessary debate should not be held on the matter.

The principle of seniority in the appointment of the chief justice of Pakistan is enshrined in Article 175-A(3) of the Constitution, and any ordinary legislation cannot bypass it.

The legal experts say there is no constitutional mechanism for such an extension without amendments to the Constitution.

It may be noted that Pakistan Tehreek-e-Insaf (PTI) gave rise to speculations by seeking an early issuance of notification regarding the next chief justice of Pakistan (CJP), earlier this month.

CJP Isa, who is set to retire from the top judicial post on October 25, 2024, has "no interest" in getting an extension, as stated earlier by the law minister. Senior Puisne Judge Mansoor Ali Shah is next in line to become the country's top judge.

The speculations about an extension gained attraction after it emerged that the federal government is reportedly planning to summon a joint session on August 28 (Wednesday) to introduce key legislation.

However, speaking on Geo News show Capital Talk, Defence Minister Khawaja Asif announced that the joint session of the parliament was not going to take place on the said date. It would rather be held next week, he added.