President made the appointment under article 175 of the constitution


Islamabad: President Arif Alvi on Thursday appointed Justice Umar Ata Bandial as the Chief Justice of Pakistan (CJP).
The president made the appointment under article 175 of the constitution.
The appointment of Justice Umar Atta Bandial will be effective from February 2, 2022.
It is pertinent to mention here that CJP Justice Gulzar Ahmed will retire on February 1, 2022. Justice Bandial is the senior most judge of the Supreme Court.
Justice Umar Ata Bandial will be sworn in as the Chief Justice of Pakistan after three weeks on February 2 following the retirement of incumbent Supreme Court Chief Justice Justice Gulzar Ahmed. Justice Gulzar Ahmed will retire after working in the top judicial position for more than two years.
The change will take place on the principle of seniority in which the puisne judge becomes the chief justice. Neither the executive nor any other authority has any power in such appointments in the apex court as well as the high courts. The president of Pakistan just issues the requisite notification.
The seniority of an apex court judge is counted from the date of his elevation to the Supreme Court. It is possible, and has happened more than once, that a justice who was junior to another judge in the High Court became senior to him in the top court as he had been inducted before the other.
Justice Gulzar Ahmed assumed the office of the chief justice on December 21, 2019 replacing Chief Justice Saqib Nisar, who is of late embroiled in controversies relating to his incumbency as the top judge amid calls for investigations by a judicial forum.
Justice Bandial will continue as the chief justice till his retirement on September 18, 2023 and will hold the position for some 19 months. Around the time he hangs up his robes, the next general elections are likely to be held if they are organized after the completion of the five-year tenure of the National Assembly.

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