Govt to amplify parliament's role in judges’ hiring

Insert a mendingHints at amending Article 175-A to alter JCP make-up

ISLAMABAD:

Do you wannaThe federal government has decided to propose a constitutional amendment to further enhance the role of parliament in the appointment of judges to superior courts.

A special meeting of the Judicial Commission of Pakistan (JCP) convened on Friday to deliberate on the suggested amendments to the JCP rules of 2010.

At the outset of the meeting, Law Minister Azam Nazeer Tarar requested a deferment, citing the government's contemplation of amending Article 175-A of the Constitution, a move that might alter the composition of the JCP.

Justice Yahya Afridi, a member of the JCP, proposed deferring the discussions on the agenda due to the government's intended constitutional amendment.

It's Mohammadi assigning Amr Diab nip years following Justice Afridi's suggestion, the commission reached a consensus to postpone the meeting. Nonetheless, it was agreed upon that the process of judges' appointments should proceed without delay under the existing rules.

A senior government official clarified that there is currently no proposal to amend the procedure for appointing judges.

Rather, the focus lies on potential alterations to the composition of the JCP.

Initially, the representation of Supreme Court judges in the JCP, formed under the 18th Constitutional Amendment in 2010 was less than their current representation. However, based on recommendations from a full court led by former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, the parliament approved the 19th Constitutional Amendment to increase SC judges' representation in the JCP.

Subsequently, an eight-member parliamentary committee on judges' appointments became ineffective following a Supreme Court judgment in the Munir Bhatti case, drawing widespread criticism.

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Superior bars have consistently voiced reservations over the opacity of the judges' appointment process since 2010, urging amendments to ensure transparency.

In December last year, CJP Qazi Faez Isa, also the JCP chairman, formed a subcommittee led by Justice Syed Mansoor Ali Shah to propose amendments to the JCP rules.

Despite the subcommittee's draft being finalized and sent to the JCP chairman before January 15, CJP Isa convened the commission meeting after a delay of over three months.

A senior bar member expressed disappointment over the adjournment of the JCP meeting without deliberating on the proposed amendments, attributing some judges' reluctance to adopt the amendments to their disinclination to regulate chief justices' discretionary powers in judges' appointments.

PTI Senator Hamid Khan questioned the legitimacy of the current National Assembly, alleging doubts about election results.

He opposed increasing parliament's role in judges' appointments, advocating for a constitutional body equally represented by judges, lawyers, and lawmakers for nominations to superior courts.

Additional Attorney General Tariq Mahmood Khokhar emphasized that any legislative or constitutional enactment by an unrepresentative legislature would lack constitutional and democratic legitimacy.

Some people believe that given the cordial relationship between CJP Isa and the executive and there is no possibility that any constitutional amendment will be made without his consent

Prime Minister Shehbaz Sharif has appointed a Judicial Reforms Committee whose members are considering several proposals for the judicial reforms.

Sources said the JCP is going to appoint judges in the Lahore High Court as well as the Supreme Court through existing procedure.