Judicial Commission of Pakistan discusses judges' appointment process

The federal government is contemplating a constitutional amendment to enhance parliament's role in appointing judges to superior courts. A recent meeting of the Judicial Commission of Pakistan (JCP) discussed potential amendments to the JCP rules of 2010. Law Minister Azam Nazeer Tarar proposed a deferment, citing the government's plan to amend Article 175-A of the Constitution, which could impact the JCP's composition. Following this, the commission agreed to postpone further discussions but emphasized that judges' appointments should continue under the current rules.

Since the 18th Constitutional Amendment in 2010, concerns have been raised about the transparency of the judges' appointment process. The 19th Constitutional Amendment increased the representation of Supreme Court judges in the JCP based on recommendations from former Chief Justice Iftikhar Muhammad Chaudhry. However, a parliamentary committee on judges' appointments was rendered ineffective by a Supreme Court ruling, leading to calls for reforms to ensure transparency.

CJP Qazi Faez Isa formed a subcommittee to propose amendments to the JCP rules, but the recent delay in convening the JCP meeting has drawn criticism. Some judges are hesitant to adopt the proposed amendments, particularly those related to regulating chief justices' discretionary powers in appointments. PTI Senator Hamid Khan has questioned the legitimacy of the current National Assembly and opposed increasing parliament's role in judges' appointments.

Despite concerns and differing opinions, the government is considering changes to the JCP's composition, while a Judicial Reforms Committee appointed by Prime Minister Shehbaz Sharif is exploring various proposals for judicial reforms. The appointment of judges to the Lahore High Court and the Supreme Court is expected to proceed under the existing procedure.