JCP drafts rules to fill SC vacancies

Proposed draft of the JCP Rules 2024 disseminated among all members for careful consideration.

ISLAMABAD:

 

The rules-making committee of the Judicial Commission of Pakistan (JCP) has proposed that the Chief Justice of Pakistan (CJP), as chairman of the committee, suggest three candidates for each vacancy in the Supreme Court.

The committee, chaired by the CJP, has recommended that three individuals be suggested for each vacancy in the Supreme Court. Furthermore, it has proposed that the three-member selection committee initiate nominations for high court judges.

The proposed draft of the JCP Rules 2024 has been disseminated among all JCP members for their careful consideration.

On December 4, 2023, the JCP established a committee chaired by Justice Syed Mansoor Ali Shah including Justice retired Manzoor Ahmad Malik to review the amendments to the JCP Rules 2010.
The committee comprised senior puisne judges from all high courts, along with the attorney general for Pakistan and the law minister, totaling 15 members.

Subsequently, the committee convened two meetings to deliberate on the proposed amendments to the JCP rules.

"For the appointment of a Judge of the Supreme Court, the Chairperson shall propose three persons for each vacancy as per criteria prescribed and convene a meeting of the Commission for deliberation not later than fifteen days before the occurrence of the vacancy. Thereafter, the Commission, shall nominate, by majority one person against a vacancy to the Parliamentary Committee under clause (8) of Article e175A of the Constitution,” read the JCP’s proposed rules.

As for the appointment of the chief justice of a high court, it suggested that the chairperson – CJP – shall convene a meeting of the commission for deliberation on the names of the five most senior judges of that high court one month before the occurrence of the vacancy.

“Thereafter, the commission, shall nominate, by majority, one person to be appointed as the chief justice of a high court to the Parliamentary Committee under clause (8) of Article 175A of the Constitution.”

For the appointment of judges of the high courts, the proposed rule says that the Chairperson (CJP) shall call for nominations from the selection committee concerned not later than sixty days, and convene a meeting of the commission for deliberation on the nominations not later than thirty days, before the occurrence of the vacancy.

Thereafter, it stated, that the commission, shall nominate, by majority, one person against a vacancy to the Parliamentary Committee under clause (8) of Article 175A of the Constitution.

It was also stated that concerning the appointment of the chief justice of the Federal Shariat Court, the chairperson would put forward two nominees.

A commission meeting would then be convened to deliberate on these names one month before the vacancy.

Subsequently, the commission would, by majority vote, nominate one individual to assume the position of chief justice of the FSC, forwarding the nomination to the parliamentary committee in accordance with clause (8) of Article 175A of the Constitution."For the appointment of the Judges of the Federal Shariat Court, the Chairperson shall in consultation with the Chief Justice FSC and the senior most judge nominate two persons for each vacancy and convene a meeting of the commission for deliberation on those names not later than fifteen, days before the occurrence of the vacancy. Thereafter, the Commission, shall nominate, by majority, one person against a vacancy to the Parliamentary Committee," the draft read.High courts judges

The committee has suggested the selection committee for each high. The selection committee will be consisted of the chief justice concerned, the senior most judge of the high court and one representative of the provincial bar council.

Until the nominated representative of the Islamabad Bar Council is made a member of the commission by an amendment in clause (6) of Article 175A of the Constitution, the appointment of judges of the Islamabad High Court, the selection committee shall only consist of the chief justice and the most senior judge of that court.

The committee stated that the chief justice of the respective high court would serve as the chairperson, while the court's registrar would act as the secretary of the selection committee. The secretary of the committee would provide assistance to the committee and its members in fulfilling their duties, as well as maintaining a record of its proceedings.

In relation to establishing criteria, the proposed draft states that to assess the suitability of an individual for a judicial appointment, primary emphasis shall be placed on the criteria delineated in the judicial oath outlined in the constitution. This entails the individual's capacity to dispense justice impartially, in accordance with the law, devoid of fear, favouritism, personal affection, or prejudice.

Additionally, the candidate's professional qualifications, experience, communication abilities, efficiency in managing workload, integrity, independence, objectivity, and temperament to treat individuals from diverse backgrounds fairly shall all be taken into consideration.

"Provided that in nominating Judges of the High Courts for appointment as a Judge of the Supreme Court, the seniority among Judges of a High Court as well as inter se seniority of Judges of different High Courts shall also be considered.”

About the representation of advocates and members of the district judiciary, it stated that in initiating nominations for appointment of judges of the high courts, the selection committees shall ensure a fair representation of advocates and members of the district judiciary.

The proposed draft also states that in case the meetings of the commission are not convened, or the nominations are not called by the chairperson, within the period prescribed, the majority of the members of the commission may in case of appointment of Judges of the high courts, call for nominations from the selection committee concerned and convene the meeting of the commission for deliberation on the nominations.