Parliamentary Committee explained how to deal with the 25 high court judges who have been recruited on a political basis by the former chief justice Iftikhar Muhammad Chaudhry. PHOTO: RIAZ AHMED/EXPRESS
Pakistan Muslim League - Nawaz (PML-N) has formally given the go-ahead to its legal team to review Article 175A of the Constitution to maintain ‘balance of power’ between the Judicial Commission (JC) and the Parliamentary Committee (PC) on appointment of judges.
Currently, the JC holds the reins on who is appointed but the PML-N’s team has suggested proposals to empower the PC and give it some teeth, officials told The Express Tribune.
Officials said PC has informed PML-N’s leadership of suggestions regarding the amendment and all the political parties in the PC are onboard.
The main proposals recommend how the impact of the Supreme Court’s judgment – that reduced the role of the PC to that of a post office – can be diluted and how the role of the law minister and his senior advocate can be given more importance in the nomination process of a high court judge.
They also called for strictly scrutinising the quota of sessions judges and explained how to deal with the 25 high court judges who have been recruited on a political basis by the former chief justice Iftikhar Muhammad Chaudhry.
The PC also observed that Clause 12 of the Article 175A should be abolished which not only renders the committee powerless but also forces it to confirm the judges nominated by the JC in 14 days. Under the clause, if it fails to decide within 14 days, the nominations are deemed confirmed. It suggested that the PC should be given the authority to propose alternative names and also for the 14-day deadline to be repealed.
The briefing included the eight members of the PC who will finally approve the list of nominees, recommended by the JC. The members are PML-N’s senators Raja Zafarul Haq and Rafique Rajwana, Pakistan Peoples Party’s Farook H Naek, Awami National Party’s Haji Adeel, PML-N’s MNAs Arshad Leghari Chaudhry and Muhammad Bashir Virik, Pakistan Tehreek-e-Insaf’s Shah Mehmood Qureshi and PPP MNA Syed Naveed Qamar.
The committee has agreed to rotationally appoint someone among them for each session as chairman of the committee.
In its last meeting, the newly constituted PC observed that the powers of the committee need to be reviewed, particularly the Supreme Court’s judgment in which it observed that the PC cannot scrutinise the recommendations made by the JC. It can only comment and discuss the reputation of the nominated judges that are to be confirmed, not their abilities, the court had ruled.
Sub-committee formed
To strengthen both the committee and the commission, a subcommittee has been formed consisting of Farooq Naek as convener, and Rafique Rajwana and Mehmood Bashir Virik as members. The sub-committee has convened twice.
The body resolved to study the formation and powers of the JCs and the PCs of other countries to propose amendments.
The sub-committee proposed strengthening the role of the law minister and changes in clauses 8 and 12 of Article 175A.
It has also decided to invite presidents of the Supreme Court Bar Association and the respective high court bar councils and associations, eminent jurists and lawyers separately for guidance and consultation, after which a final report with the proposed constitutional amendments and the formation rules would be submitted to the parent PC.
The requisite amendments and effective rules would be then presented before parliament.
One member of the sub-committee and a core member of PML-N’s legal team, Rafique Rajwana, confirmed the developments but refused to share details of the proposals.
The better option
Constitutional law expert Salman Akram Raja said both the JC and PC are mandatory bodies and both should be empowered to finalise and nominate new judges for any vacant seat – the Chief Justice should not be the sole authority on judges’ appointments.
Meanwhile, constitutional expert Hamid Khan claimed that the Parliamentary Committee should be abolished as it is against the independence of judiciary and the trichotomy of powers. “Instead of strengthening PC, some of members from parliament should be inducted into the Judicial Commission to make it more balanced, if needed.”
Punjab Law Minister Rana Sanaullah also said the JC is a one-way mechanism to appoint judges at the moment and its role need to be reviewed. The PC is currently powerless and it needs to be strengthened.
Published in The Express Tribune, December 24th, 2013.
COMMENTS (19)
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1.The tenure of ex CJ Iftikhar Chaudhry has highlighted three facts:- a.The judicial powers given in the constitution are sufficient for any judge to give independent judgement if he has the will to do so. b.To give powers of appointment of judges only to judges is as counter productive as to give it only to the executive in Pakistan. c.The power to remove a judge of higher judiciary including that of CJ of SC or a high court to the Supreme Judicial Council is totally ineffective and useless. 2. In view of the above and experience of the past,following should be done:- a.There should be a balance of power among the parliament,executive and judiciary for appointment of the judges to higher judiciary. b.Removal of judges of the higher judiciary including that of CJs of SC/HC should be the sole prerogative of the Parliament to be done with two third majority in each case.
@SK: What accountability? No major cases resolved only headlines created during last 4 years.
There is only a thin pretense of accountability but NS wants to do away with that as well.
The cat is coming out of the bag. It appears the independence of judiciary is now going to be compromise. Handing over the power to the Parliamentary Committee for selection of Supreme Court judges would mean the incumbent governments would be free to select friendly , non confrontrational judges who would be too happy to stay clear from incriminating issues that may force the governments on back foots it means immunity from accountabilities.
@A J Khan The CJ is merely one of the members of the JC which collectively through a majority vote nominate judges for the superior courts. Nawab Sharif simply doesn't like this. He wants politicians through the PC to nominate all the judges so that they are subservient to them and do their bidding.
Good thinking. There is complete disarray in the appointment of Judges. Last Chief Justice Iftikhar Chaudhry was merely interested in accumulation of power which he could use against his detractors and opponents. Greatness was thrust upon him when the political acrobats fielded him against the Musharraf Government which was loosing grip on power due to wrong selection of political team. He gained unprecedented powers mush to the dismay of all those who brought him to power. His tenure saw Judiciary flouting constitution & making decisions based on his political agenda and personal vendetta. His power was unchecked as the party in power was too weak and Gen Kiyani was making deliberate efforts to be seen as non political and non intrusive. Nawaz Sharif Government must push for Judicial Reforms for balance and make the judicial system more effective for delivering Justice to General Public.
These politicians, especially Nawaz Sharif, has not learned any lesson from the past. Politicians needs to stay away from interfering in judiciary or be ready to gface wreath of the people of Pakistan.
Dear Readers/ Bloggers, The point is that the the honourable judiciary has never been independent. If it is not the Generals, then it could be the Government or the personal political affiliations. If not that then there is exploitation by the ruling elite class.
Please note that the institutions represent the mindset of the local population hence why the focus has to be on educating people and changing the mindset rather than dwelling on individuals.
Goodbye independent judiciary. Our politicos cannot bear to see anything not in their control.
They want to appoint their "marzi ke" judges just like SHOs they appoint of their choice who help them in their crimes
Is there any unbiased person in Pakistan?
yep, ns going power hungry again. we know what happened the last two times he did this...
It seems the days are gone of an independent JUDICIARY with Ch, Iftikhar's retirement?
PNL-N is very much committed with its traditional politics, It confronts first judiciary and then the army and then finally pack and go back. It is just beginning by the heavy mandate Govt.
Ex CJP Iftikhar haunts ! From selection of generals to the selection of judges...I see it as empowering the failed politicians to rein in to destroy an institutiion.
Hope the process is transparent, fair, indenpendent, does not impair the instituition and does not encourage bias and political favours.
BTW, how does it work in US, Europe judicial system ?
Now we are back to square one. Go, no go, we should make up our mind and decide the power struggle issues between institutions once for all.
Supreme Court Judges should be nominated by head of the government that has to be approved and endorsed by majority vote in each case and the candidate must be grilled on these nominations heavily in the parliament on their faith, truthfulness, unbiased character and undisputed/stainless past with white clean past decisions. A rare success should pass the test and confirmed via the legislatures.
Didn't expect anything less from N-League. Rather than empowering state institutions, he wants to empower the already corrupt MPs.
Now, who will run independent of Judiciary movement? Akram Sheikh, NS or Aitezaz Ahsan?