Judicial Appointments in Pakistan: Commission & Process
Judicial Commission of Pakistan
The Judicial Commission of Pakistan (JCP) is a crucial body responsible for the appointment of Supreme Court and High Court Judges in Pakistan. The Chief Justice of Pakistan serves as the Chairman of the Judicial Commission of Pakistan.
Basis of the Judicial Commission
On April 20, 2010, the 18th Constitutional Amendment was passed in the Parliament of Pakistan. In pursuance of this landmark amendment, the Judicial Commission was proposed and subsequently established to recommend the appointment of Judges to the Superior Courts across Pakistan.
Relevant Constitutional Article
Article 175A: Appointment of Judges
This article specifically addresses the appointment of Judges to the Supreme Court, High Courts, and the Federal Shariat Court.
Composition of the Commission for Supreme Court Judges
For the appointment of Judges to the Supreme Court, the Commission comprises the following members:
- Chief Justice of Pakistan – Chairman
- Four most senior Judges of the Supreme Court – Members
- A former Chief Justice or a former Judge of the Supreme Court of Pakistan, nominated by the Chief Justice of Pakistan in consultation with the four member Judges, for a term of two years – Member
- Federal Minister for Law and Justice – Member
- Attorney-General for Pakistan – Member
- A Senior Advocate of the Supreme Court of Pakistan, nominated by the Pakistan Bar Council for a term of two years – Member
Appointment of the Chief Justice of Pakistan
The President of Pakistan shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.
Nomination Process for Judge Appointments
The Commission, by a majority of its total membership, shall nominate one person for each vacancy of a Judge in the Supreme Court, a High Court, or the Federal Shariat Court, as the case may be, to the Parliamentary Committee.
The Parliamentary Committee
The Parliamentary Committee consists of eight members:
- Four members from the Senate
- Four members from the National Assembly
Of these eight members, four shall be from the Treasury Benches (two from each House) and four from the Opposition Benches (two from each House).
Nomination of Committee Members
Members from the Treasury Benches are nominated by the Leader of the House, while members from the Opposition Benches are nominated by the Leader of the Opposition.
Secretary of the Committee
The Senate shall act as the Secretary of the Parliamentary Committee.
Confirmation of Nominees
Upon receiving a nomination from the Commission, the Committee may confirm the nominee by a majority of its total membership within fourteen days. If no decision is made within this period, the nomination shall be deemed to have been confirmed.
Moreover, the Committee, for reasons to be recorded, may choose not to confirm the nomination by a three-fourths majority of its total membership within the said period.
Furthermore, if a nomination is not confirmed by the Committee, it shall forward its decision with recorded reasons to the Commission through the Prime Minister. In such a case, the Commission shall then send another nomination.
Procedure for Confirmed Nominations
The Committee shall send the name of the nominee, whether confirmed by it or deemed to have been confirmed, to the Prime Minister. The Prime Minister shall then forward the same to the President for formal appointment.
Committee Meeting Protocols
The meetings of the Committee shall be held in camera (privately), and a detailed record of its proceedings shall be maintained.