Rana Sanaullah, the Prime Minister’s Adviser on Political and Public Affairs and a leader of the Pakistan Muslim League-Nawaz (PML-N), has asserted that the recently enacted 26th Constitutional Amendment has obstructed Justice Mansoor Ali Shah’s potential elevation to Chief Justice of Pakistan. He emphasized that the Pakistan Tehreek-e-Insaf (PTI) played a more significant role in this development than the government itself.
The legislation, passed by the Shehbaz Sharif administration with support from allies like the Pakistan Peoples Party (PPP), modifies the appointment procedure for future Chief Justices. It sets a fixed tenure for the position and establishes constitutional benches, thus altering the previous norms surrounding judicial appointments.
In a recent interview with the BBC, Sanaullah criticized the PTI, labeling it a party inclined towards chaos. He noted that “anyone they endorse ultimately faces difficulties.” He expressed admiration for Justice Mansoor, highlighting that PTI members had claimed to have reached an understanding with him regarding his future role.
Sanaullah pointed out that PTI lawmakers had insinuated that Justice Mansoor would take actions against the government upon assuming the Chief Justice position in October. He warned that such remarks could jeopardize the credibility of those involved.
Prior to the amendment’s passage, Justice Mansoor was poised to become Chief Justice as he was the senior-most judge following the retirement of Justice Qazi Faez Isa. However, the seniority principle was eliminated from the Constitution, making the appointment process more complex. The new amendment requires the selection of the Chief Justice from the top three senior judges, with a 12-member parliamentary committee making the nomination based on a two-thirds majority. The nominated individual will then be presented to the Prime Minister, who will forward the choice to the President for final approval.
This shift reflects significant changes in the judiciary’s landscape, with implications for how future Chief Justices will be selected in Pakistan.
