Justice Shah Calls to Postpone Judicial Commission Meeting
In his letter, Justice Shah also requested that the scheduled meeting of the Judicial Commission on December 6 be postponed.
Justice Shah’s request highlighted the significance of the constitutional amendment pleas, which require a thorough hearing by a full court. The chief justice has been asked to direct the registrar of the Supreme Court to fix the pleas for hearing before a full court.
In his letter, Justice Shah also suggested that the Judicial Commission meeting be postponed until a decision is made on the constitutional amendment pleas.
Earlier, the Supreme Court (SC) moved against the recently passed 26th constitutional amendment.
The National Assembly and Senate passed the bill with a two-thirds majority under which the term for the Chief Justice of Pakistan was set at three years.
As per details, President Supreme Court Bar Abid Zuberi and five other lawyers moved the Supreme Court against the 26th constitutional amendment citing it against the fundamental rights and constitution.
“Lawmakers cannot be forced to vote for a constitutional amendment.”
The petitioners further said that the formation of Parliament is ‘incomplete’ and that passing such an amendment is against the law. They further said the appointment of the chief justice of Pakistan through a Parliamentary committee is ‘interference’ in the judiciary.
The apex court has been urged to strike down the 26th constitutional amendment.
26th constitutional amendment
Under the constitutional amendment, the term for the Chief Justice of Pakistan has been set at three years.
A 12-member parliamentary committee will nominate the new Chief Justice of Pakistan from a panel of the three most senior judges.
The committee, comprising eight members from the National Assembly and four from the Senate, will propose the name to the Prime Minister, who will then forward it to the President for final approval.
Besides, a Judicial Commission of Pakistan, led by the Chief Justice and including three senior judges, two members each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a nominee of the Pakistan Bar Council, having not less than fifteen years of practice in the Supreme Court, will be responsible for appointments of the judges of the Supreme Court.
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