Appointment of judges: 19th amendment clears National Assembly

Premier Gilani says the piece of legislation would allay fears of confrontation among state institutions.

ISLAMABAD: The government on Wednesday anticipated better relations between the judiciary and the parliament after the National Assembly approved the 19th constitutional amendment to settle a potential source of discord between state organs – the mechanism for the appointment of top judges.

Passed with a two-thirds majority, the second amendment to the constitution in less than a year envisages a new system for appointments in the superior courts.

The government appeared to have compromised its authority to create what was hailed by its top leaders as a cautious attempt to strike a delicate balance between the powers of the parliament and the judiciary in such appointments.

Prime Minister Yousaf Raza Gilani said that the 19th constitutional amendment would go a long way in allaying fears of a confrontation between state institutions. “It’s a big decision which underscores that state institutions should respect other,” he told lawmakers in a brief speech before the House approved the amendment.

The premier said that members of the Parliamentary Committee on Constitutional Reforms that furnished the 18th constitutional amendment in April this year and now the 19th amendment deserved the country’s highest civil award.

As many as 258 out of 259 members present in the house voted in favour of the amendment but an angry snub by a female lawmaker deprived it the distinction of  being unanimous piece of legislation.

Kashmala Tariq of the Pakistan Muslim League – Quaid did not support the bill because she wanted it to also have eased conditions for creating new provinces.

According to the new mechanism, the prime minister would also have a ‘symbolic’ say in the procedure of judges’ appointment and a parliamentary committee to finalise nominations by a judicial commission would have to give reasons for rejections.

Furnished by the 26-member PCCR, the amendment suggests changes to Article 175A of the constitution that deals with the appointment of judges in the superior courts.

In October this year, the Supreme Court asked the parliament to review the judges’ appointment mechanism agreed in the 18th constitutional amendment.

The amendment has increased the number of members of a judicial commission formed for appointments under the 18th amendment. The commission to be headed by the  chief justice would now have as members three serving and one retired judge in addition to the federal law minister, the attorney-general and a representative of the Pakistan Bar Council (PBC).

It also specified 15 years experience for the PBC representative.

According to the draft of the 19th amendment, the judicial commission could not resend the nomination of a person who was once rejected by the parliamentary committee.

But in case of rejection the parliamentary committee would have to give reasons.

If a nomination is not confirmed the judicial commission would have to send another one.

In case the National Assembly is dissolved the members of the committee from the Senate would assume the job.

If confirmed, the committee would send the name of the nominee to the prime minister to be forwarded to the president for appointment.

Published in The Express Tribune, December 23^rd, 2010.