Appointment of judges

An impartial and competent judiciary is a must for ushering in rule of law. While the Constitution has bestowed the judicial arm with the space to exercise its writ in nonpartisanship, the letter from the senior puisne judge calling for induction of judges on merit is on the spot, and goes on to reflect the aspirations of an ordained society.

Justice Mansoor Ali Shah in his letter to the Chairman of the Judicial Commission of Pakistan's rule-making committee, Justice Jamal Khan Mandokhail, has stated the obvious by urging the learned Brother jurist to comply with the fundamental essentials of making sure that judges are nominated on the premise of their "integrity, ethical standards, judicial efficiency and diversity".

Perhaps Justice Mansoor felt the necessity of bringing to the fore this issue, through an open disclosure, keeping in mind the distractions that the superior judiciary is witnessing these days as judicial officers are being named randomly by the executive on the tenets of a controversial 26th amendment legislation, which is itself now in the dock. The firm contention of the puisne judge that the judges-nominating committee should hold on till the impugned amendment is reviewed by the apex court, and then chalk out "clear and transparent rules" for appointing judges to constitutional bench is lawfully righteous.

Chief Justice Yahya Afridi and the honourable JCP members should ponder over the stated specifics and urgency of the letter in all solemnity, and take a call in the best interests of checks and balances that the Constitution has laid out for professional integrity, honesty and impartiality of judges. Article 175A(4) requires the JCP to establish procedures and criteria for assessing and appointing judges, without which it could lead to jeopardising rule of law, democracy and public confidence in the judiciary. It's high time judiciary, the custodian of the Constitution, was freed from politically-motivated appointments that go on to undermine the commitment of judges to the rule of law, by compromising at the hands of a politicised executive.