Judicial appointments: Senators stand behind parliamentary committee

Members of the Upper House call the SC’s decision regarding appointment of judges a ‘disgrace for the...

ISLAMABAD:


A day before the Supreme Court was set to hear a review petition of the court’s verdict declaring the decision of the parliamentary committee on judicial appointments as unconstitutional, members of the Upper House appeared to be putting their weight behind the parliamentary committee.


Senators belonging to different parties, while speaking on point of orders on Thursday, expressed their concern over the court’s ruling on the issue that some have even termed a “disgrace” to the sovereignty of the parliament.

On March 4, the Supreme Court turned down the decision of the parliamentary committee on the appointment of judges whereby the committee rejected the recommendation of the judicial commission on the extension of some judges of high courts – four from Lahore High Court and two from Sindh High Court.

The court termed the decision of the parliamentary committee unconstitutional. The federation has moved a review petition in the court which will be taken up today. According to the federation, the apex court in its verdict has gone beyond its power of interpreting the constitution.


Senator Zahid Khan of the Awami National Party (ANP) was the first to raise the issue through a point of order terming the SC decision equal to ‘disgrace for the parliament’.

The mechanism for the appointment of judges was changed through the 18th amendment, but the amended article was not accepted by the SC, which sent its recommendations to amend it once again.

On the court’s directions, the parliament brought some amendments through the 19th amendment, but did not accept the direction that final authority on the appointment of judges should not rest with the parliamentary committee.

Under the existing mechanism, the parliamentary committee can reject any name suggested by the judicial commission as long as it gives reasons behind the rejection to the Supreme Court. Once rejected, the judicial commission cannot resubmit the same name.

Senator Ishaq Dar of the Pakistan Muslim League-Nawaz (PML-N) proposed that a detailed judgment of the court be discussed in the House and the recommendations should be submitted before the Parliamentary Committee on Constitutional Reforms so as to remove any lacunae in the constitution.

Senate majority leader, Syed Nayyar Hussain Bokhari, who also heads the parliamentary committee on judicial appointments, told the House that the committee would meet on April 7 to discuss the SC decision and consider a further course of action in this regard.

Published in The Express Tribune, April 1st, 2011.
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