ISLAMABAD: The federal government finds itself in a delicate situation as it grapples with conflicting views over a constitutional amendment concerning the appointment of Justice Syed Mansoor Ali Shah as the next Chief Justice of Pakistan.
One faction within the government is anxious that the results of the 2024 general elections might be invalidated after the retirement of the current Chief Justice, Qazi Faez Isa. To maintain the stability of the judicial system, this group argues that either a Federal Constitutional Court (FCC) led by a “like-minded” chief justice should be established, or a panel of senior Supreme Court judges should be formed to handle the appointment of the Chief Justice. Both options would require a constitutional amendment.
This group within the government appears distrustful of Justice Shah, particularly after his July 12 decision regarding reserved seats. Under the existing constitutional framework, the most senior puisne judge is automatically appointed as Chief Justice. However, with less than 10 days remaining until CJP Isa’s retirement, the government has yet to issue a notification confirming Justice Shah as his successor.
This same faction believes that if the JUI-F party opposes the FCC, an alternative would be to establish a panel of senior judges to appoint the Chief Justice. However, the composition of this panel—whether it would include three or six senior judges—remains uncertain.
The JUI-F, for its part, has not advocated for the FCC or any panel for the appointment of the Chief Justice. Instead, it has called for a constitutional bench to address legal and constitutional interpretations.
Meanwhile, another segment within the government is pushing for the constitutional amendment to be delayed and for Justice Syed Mansoor Ali Shah’s appointment to be confirmed immediately to avoid further complications. This issue was discussed in a meeting of senior government officials on October 7.
One government official voiced concerns that establishing the FCC could provoke a strong backlash from lawyers, potentially jeopardizing pro-government factions in the upcoming Supreme Court Bar Association elections.
Despite this, the notification confirming the next Chief Justice continues to be delayed, as the government tries to navigate a path to passing the amendment. Opposition parties, however, have raised concerns about their members being pressured to support the amendment.
Akhtar Mengal, President of the Balochistan National Party, criticized the government’s tactics, stating on social media, “I resigned from the assembly due to the treatment of Balochistan, and yet my senators are still being harassed.” He hinted at the possibility of further resignations if the pressure continued.
Many in the legal community believe that it would be difficult to bypass Justice Shah, who has strong support within both the judiciary and the legal profession. The government is reportedly using backchannel negotiations to address its concerns about the post-October 25 situation, and if these concerns are resolved, it is likely the notification for Justice Shah’s appointment will follow.
Should the government push through the amendment without JUI-F backing, it risks facing protests not just from PTI but also from lawyers and JUI-F.
JUI-F leader Maulana Fazlur Rehman recently met with PPP Chairman Bilawal Bhutto Zardari in Karachi, but no agreement on the FCC or the appointment process was announced. However, there is an expectation that political parties will eventually agree on a new process for appointing superior court judges.
A convention of lawyers in Karachi has already voiced strong opposition to both the proposed FCC and any attempt to block Justice Shah’s elevation.