Shahid Khaqan Abbasi, the former Prime Minister of Pakistan, has presented an appeal in favor of declaring 2the 6th Constitutional Amendment against the Constitution in the Sindh High Court (SHC). Abbasi pleaded to the court for the suspension of the working of the said amendment-established judicial commission until the final decision. He also requested the court to restrain higher courts from proceeding with any new appointments in the hierarchy until the decision over such a petition is resolved.
The respondents to the petition include the Federation, the Government of Sindh, Chairman Senate, Speaker National Assembly, Election Commission of Pakistan, and other relevant bodies.
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It was passed by Parliament on the night of October 20-21. It states that the Chief Justice of Pakistan will have a tenure of three years. Under section 2, it further says that the nomination of a suitable candidate for the Chief Justice will be done by a parliamentary committee comprising twelve members-eights from the National Assembly and four from the Senate. This will then be forwarded to the President with a recommendation by the Prime Minister.
Besides, this amendment stipulates the composition of such judicial commission which will entitle appointments of judges in the Supreme Court. Such a commission is going to include the Chief Justice, three senior judges, two members each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and one representative from the Pakistan Bar Council with at least 15 years of Supreme Court practice.
This very petition of Abbasi will make things more tumultuous regarding debates on the issue concerning judicial reforms and the separation of powers in Pakistan’s legal and political system.