Article 127(1) of the Constitution provides as follows: “The Chancellor and Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.” Article 128(1) underlines the power of appointment given to the President. It provides: “The Judges, other than the Chancellor and Chief Justice, shall be appointed by the President who shall act in accordance with the advice of the Judicial Service Commission.”
In answer to a question one and a half weeks ago on the delay in the appointment of a Chancellor and Chief Justice, President Ali cited the absence of a Judicial Service Commission (“JSC”). He suggested that the appointment of a JSC has to await the appointment of a Public Service Commission because the chair of the latter is an ex-officio member of the former.