CJP Faez Isa’s retirement: much ado about nothing

ISLAMABAD: The capital is abuzz with speculation about the future composition of the Supreme Court, centred on the impending retirement of Chief Justice of Pakistan (CJP) Qazi Faez Isa on October 25, 2024, and the potential succession of Justice Syed Mansoor Ali Shah.

Recent rumours, primarily circulated by the Pakistan Tehreek-e-Insaf (PTI), suggest attempts to extend CJP Faez Isa’s tenure. However, even if the incumbent government wanted to extend his tenure, legal experts say there is no constitutional mechanism for such an extension without amendments to the constitution, which will not be an easy task in the wake of some recent Supreme Court rulings.

Law Minister Azam Nazeer Tarar said rather emphatically: “Talk about extension or changes in tenure of judges is all bollocks and conjecture.”

The principle of seniority in the appointment of the chief justice of Pakistan is enshrined in Article 175-A(3) of the constitution. This cannot be bypassed through ordinary legislation or an executive order, making any attempt to alter the succession process highly problematic from a legal standpoint.

Sources close to the matter say that discussions about potentially extending judicial tenures or raising the retirement age for Supreme Court judges have been a cause for concern within the superior judiciary.

It is important to point out that any constitutional amendment to change the retirement age or tenure of judges would require a two-thirds majority in both houses of parliament. A recent Supreme Court decision on reserved seats favouring the PTI has made this even more challenging for the current government, requiring 224 members in the lower house and 65 in the upper house to pass any such amendment.

Furthermore, the controversial ‘Bandial judgment’ in the Pervaiz Elahi case of July 2022 prevents lawmakers from defying party lines in constitutional votes, effectively limiting the government’s ability to secure additional votes through defections.

Amid these discussions, it has been reported that Chief Justice Qazi Faez Isa himself is not interested in an extension of his tenure, a fact that has reportedly been conveyed to the prime minister.