In a historic move, the Special Parliamentary Committee of Pakistan has nominated Supreme Court Justice Yahya Afridi as the next Chief Justice of Pakistan (CJP). This marks the first time a parliamentary body has been tasked with selecting the CJP, a process enabled by the recently enacted 26th Constitutional Amendment. The current CJP, Justice Qazi Faez Isa, is set to retire on October 25, and Afridi’s appointment is set to take effect immediately after that.
The Selection Process and Political Controversy
Justice Afridi’s nomination comes during political tension, as the opposition party Pakistan Tehreek-e-Insaf (PTI) and its Sunni Ittehad Council (SIC) allies boycotted the committee's proceedings. The 12-member Special Parliamentary Committee, composed of members from opposition and treasury benches, was formed to select the next chief justice from among the three most senior Supreme Court judges. Justice Yahya Afridi, the third in seniority after Justices Mansoor Ali Shah and Munib Akhtar, was chosen with a two-thirds majority despite the absence of the PTI-backed SIC lawmakers, who followed PTI's political committee's decision to boycott the process.
Law Minister Azam Nazeer Tarar confirmed the committee's decision, stating that Justice Afridi's nomination had been sent to Prime Minister Shehbaz Sharif for final approval. The PTI, however, condemned the nomination, announcing plans to launch a protest movement. PTI leader Hamid Khan expressed hope that Justice Afridi would decline the position, warning that his acceptance would cause further division within the Supreme Court.
Despite opposition resistance, the government defended its decision. Planning Minister Ahsan Iqbal hailed the merit-based selection, asserting that the move would help resolve polarization within the judiciary and strengthen the institution. He rejected allegations of neglecting the seniority principle, noting that skipping seniority in judicial appointments had precedents in the country’s high courts.
Profile of Justice Yahya Afridi
Born in Dera Ismail Khan on January 23, 1965, Justice Yahya Afridi hails from the Adam Khel section of the Afridi tribe in the Kohat Frontier Region. His family has a long tradition of public service. Afridi received his early education at Aitchison College, Lahore, and later earned his Bachelor of Arts in Political Science and Economics from Government College Lahore. He subsequently obtained his Master’s degree in Economics from Punjab University before securing a Commonwealth Scholarship to pursue his LLM at the University of Cambridge.
Afridi began his legal career in Peshawar, where he also lectured at Khyber Law College, University of Peshawar, teaching International Law, Labour Law, and Administrative Law. He was enrolled as an advocate of the High Court in 1990 and became an advocate of the Supreme Court in 2004. He also served as Assistant Advocate General for Khyber Pakhtunkhwa and as Federal Counsel for the Government of Pakistan.
In 2010, Justice Afridi was elevated to the Bench of the Peshawar High Court as an Additional Judge, and in 2016, he became the Chief Justice of the Peshawar High Court, the first judge from the Federally Administered Tribal Areas to hold this position. Afridi has been serving as a Supreme Court judge since his elevation in 2018.
What is the 26th Constitutional Amendment?
The 26th Constitutional Amendment (CA) is a recent legislative change in Pakistan that alters the structure and functioning of the judicial system, particularly concerning the Supreme Court and High Courts. This amendment significantly increases political influence over judicial appointments by modifying the composition of the Judicial Commission of Pakistan (JCP), which is responsible for nominating judges. Under the new amendment, the JCP now includes members from the National Assembly and Senate, reducing the number of judges in the commission. Additionally, it grants the JCP powers to create special benches for constitutional matters, further entrenching political control over judicial processes.
Impact of the 26th Constitutional Amendment
Justice Afridi's nomination is the first under the new framework established by the 26th Constitutional Amendment, which redefined the process for selecting the CJP. Previously, the senior-most judge would automatically assume the role upon the retirement of the incumbent. The amendment passed with a two-thirds majority in parliament, introduced a Special Parliamentary Committee to nominate the CJP from the three most senior judges. This change, while intended to strengthen the judiciary, has sparked concern from the opposition and the Human Rights Commission of Pakistan (HRCP). The HRCP has expressed reservations about the potential erosion of judicial independence, fearing political influence in the committee’s decision-making process.
What Lies Ahead
Justice Yahya Afridi's nomination marks a significant moment in Pakistan's judiciary, but it is not without controversy. While his extensive experience and reputable background are seen by many as assets for the role of Chief Justice, the process of his selection has sparked criticism. The opposition, led by the PTI, has strongly objected to the parliamentary committee’s decision-making process, boycotting the proceedings and calling for public protests. They argue that the appointment under the new 26th Constitutional Amendment has politicized the judiciary, raising concerns about its independence.
On the other hand, supporters of the process emphasize the importance of merit and transparency in judicial appointments. They see Justice Afridi’s professional track record as a sign of his ability to lead the judiciary through a polarized political environment. His leadership, therefore, will be critical not only in ensuring judicial integrity but also in managing the political tensions that surround his nomination.
As Justice Afridi prepares to assume office, he faces the challenge of addressing these concerns and maintaining the delicate balance of judicial independence in a highly charged political landscape.
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