JCP tightens rules on judge nominations
The Judicial Commission of Pakistan (JCP) has resolved that none of its members will nominate a relative or an associate of their legal firm for appointment as a judge of the superior courts.
The commission recently made amendments to the rules governing the appointment of judges. The tweaks are considered crucial for ensuring greater transparency in the appointment process.
Sources told The Express Tribune that the commission has also resolved that each member cannot send more nominees than the number of announced vacancies. Recently, it has been witnessed that some JCP members sent more nominees than the total number of vacancies.
It has also been resolved that the JCP's interview committee, while assessing nominees, can use another option, such as "below average".
Earlier, the committee, while considering nominees, had two options: "good" and "average".
Likewise, the JCP can consider any nominee for a judgeship twice, after which the nominee will be disqualified for consideration for a third time.
It is learnt that the commission is also deliberating on proposed rules for the performance evaluation of high court judges.
A JCP committee, led by Justice Aamir Farooq, has prepared draft rules titled the "Judicial Commission of Pakistan (Judicial Performance Evaluation of High Court Judges) Rules, 2026".
Other members of the committee include Attorney General for Pakistan Mansoor Awan, Senator Ali Zafar and Pakistan Bar Council (PBC) representative Ahsan Bhoon.
According to the preamble of the proposed rules, clauses 18, 19 and 20 of Article 175A of the Constitution provide for the annual performance evaluation of high court judges by the JCP and mandate the setting of effective standards and a structured procedure for evaluation, improvement and submission of its report to the Supreme Judicial Council in case of a judge's inefficiency.
The proposed rules state that the performance of each judge shall be evaluated annually by the commission.
"The evaluation shall be based on parameters including but not limited to case disposal rate and efficiency, quality of judgments and adherence to legal principles and timeliness in decision-making."
Regarding the evaluation committees, the proposed rules state that the chairperson, who is the chief justice of Pakistan, shall constitute evaluation committees consisting of judges who are members of the commission to assess performance data.
"The evaluation shall be conducted in the months of October to December each year on the basis of data collected by the JCP secretariat in the month of September as per Form A to these rules."
The proposed rules say that the evaluation committees shall compile their findings and submit a detailed report to the commission before December every year.
The proposed rules further say that if a judge's performance is found to be inefficient, the commission shall provide the judge with a written notice highlighting the deficiencies.
"The Judge shall be given six months to improve performance, during which periodic monitoring shall be conducted."
It is also stated that the judge shall be required to undergo training as deemed necessary by the commission.
The JCP will re-evaluate the judge after the improvement period.
"A second and final evaluation shall be conducted after the completion of the improvement period. If the Judge demonstrates satisfactory improvement, the case shall be closed but if the performance remains unsatisfactory and the Judge is again found to be inefficient, the report shall be sent to the Supreme Judicial Council for consideration."
Regarding the role of the secretariat, the proposed rules state that the secretariat of the commission shall facilitate the entire evaluation process.
"It shall collect performance data, compile reports, and communicate findings to the Commission and the Judge concerned. It shall ensure confidentiality and transparency in all proceedings"
It is further stated that the evaluation reports shall be maintained in the official records of the secretariat.