JCP notifies new rules for judges' appointment

Highlights a number of factors to be considered during appointment to superior courts

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ISLAMABAD:

The Judicial Commission of Pakistan (JCP) has notified its new rules with regard to appointment of judges to superior judiciary, stating that merit of a person for appointment as a judge shall be determined in accordance with the criteria set out in the oath of office of a judge under the Constitution.

According to the new rules, which have replaced the JCP Rules 2010, the commission will take into consideration a number of factors while assessing the merit of a nominee for appointment or elevation to the superior judiciary.

These factors are professional qualifications and experience, legal ability, professional conduct, efficiency, communication skills, integrity and independence. However, any other matter deemed relevant by the commission may also be taken into consideration during the process.

In initiating and finalizing nominations for appointment of judges in the high courts, the JCP members shall ensure fair representation of both the advocates and the judicial officers.

It said in the case of judicial officers, in addition to the fitness determined in accordance with the prescribed criteria, their seniority in judicial service may also be considered.

"For the purpose of initiating nomination of a judicial officer, a member other than the chief justice of the high court concerned shall, through the registrar, obtain the information required to be mentioned in and the material to be attached with the nomination form from the judicial officer concerned.

"[He/she] may, for the aforesaid purpose, request the registrar of the high court concerned for any report regarding the service record of the judicial officer concerned from the respective high court."

It said in initiating and finalizing the nominations for the appointment of judges to the high courts, the members shall, subject to the prescribed criteria, ensure proper diversity in terms of gender, region and religion.

While describing the procedure for confirmation of additional judges, it said the JCP shall consider both the quantity and the quality of judgments delivered and other judicial work performed by a judge as well as his compliance with judicial ethics and conduct during the tenure, including the impartiality, objectivity, temperament and attitude.

According to the new rules, there will be a secretariat of the commission, housed in the Supreme Court Building at Islamabad or such other place as may be determined by the JCP chairperson.

The secretariat shall maintain records of all proceedings of the commission and shall be headed by a secretary. It shall also include other officers and staff as may be determined by the JCP chairperson.