JCP meets to shape judge appointments

The Judicial Commission of Pakistan (JCP) is set to meet within a fortnight to discuss the framework for judicial appointments to the newly formed Federal Constitutional Court and the superior judiciary.

In the meeting scheduled for 1:30pm on January 12 in the Supreme Court Conference Room, the commission will discuss what should be the procedure for conducting interviews of candidates before appointing judges to the superior judiciary.

It will also discuss the mechanism for appointing additional judges to the FCC formed under the 27th Constitutional Amendment.

For this purpose, the JCP has issued a three-point agenda for consultation. According to the agenda seen by The Express Tribune, the 27th Constitutional Amendment introduced a reference in Clause 4 of Article 175-A of the Constitution regarding conducting interviews of candidates prior to the appointment of judges.

However, the JCP Rules 2025 do not specify a procedure for conducting such interviews. Under Rule 15, Sub-Rule 4 of the rules, in the event of any ambiguity or difficulty regarding a matter under consideration, the JCP is authorized to decide the issue by a two-thirds majority of its total members.

Speaking to The Express Tribune, Hafiz Ahsaan Ahmad Khokhar said previously, nominations for judges were sent by the chief justices of the high courts.

However, since any member of the JCP can now nominate a judge under the 27th Constitutional Amendment, the commission may summon and interview any nominee proposed by a member.

Khokhar further stated that after the 18th Constitutional Amendment, he had proposed that judges should be appointed through public hearings.

He added that before calling any candidate for an interview, clear rules would need to be framed.

Another item on the agenda relates to the introduction of the FCC through the 27th Constitutional Amendment, under which additional judges are to be appointed through the JCP.

However, the JCP Rules 2024 do not provide any mechanism for appointing additional judges to the FCC. Therefore, the matter has been placed before the meeting as a policy decision for amending the rules.

The agenda of the JCP meeting also includes deliberations on determining the procedure for nominating judges to constitutional benches in the high courts. Sources have said that for the time being, the issue of transferring high court judges is not under consideration.