Appointment of judges on vacant seats of superior judiciary should not be delayed under any pretext. The government’s decision to amend the existing procedure as ordained in Article 175A of the Constitution could act as a time-consuming measure, torpedoing efforts for speedy dispensation of justice. The country is already short of hundreds of judicial officers to clear a backlog of over two million pending cases, and the present ratio of around 10 judges per one million people is an impediment on the path of timely relief and justice. Thus, the inconclusive session of Judicial Commission of Pakistan has led to concerns that more than 35 empty positions will be on the hold for an indefinite period of time.
At the same time, the existing procedure that primarily regulates cherry picking of officers by respective top judges must surely be amended. All eligible judges on the basis of merit and seniority must enjoy the privilege of being elevated, and should not be shot down on the premise of any jaundiced criterion. This is why the Bar Councils are sceptical, stating that the practice of using discretionary and absolute powers by the CJP, and respective high court chief justices, in initiating nominations without consulting other members of the JCP has acted as a spanner in the works. This is irrespective of the fact that Article 175A (2) does not empower the CJ(s) to nominate and decide alone. Such an anomaly is in need of being addressed in a more carefully worded legislation, enabling a fair and judicious professional mobility.
The judiciary is already walking a tight-rope as it is seized with concerns of the executive’s undue interference in its working. In such a premise, it is incumbent upon both the government and the courts to uphold the independence of judiciary and act responsibly as enshrined in the division of powers among the organs of the state. Increasing the number of judges and assuring their due prerogatives must not be compromised on political exigency contexts.
Published in The Express Tribune, May 6th, 2024.
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