Judges Appointment in the Higher Judiciary: Speaker Nominates Parliamentary Representatives to the Judicial Commission

Introduction

In a recent development concerning judges appointments in Pakistan’s higher judiciary, Speaker of the National Assembly Ayaz Sadiq has nominated parliamentary representatives for the Judicial Commission responsible for overseeing this process. This action follows the implementation of the 26th Constitutional Amendment, which grants Parliament a key role in judicial appointments.

Nomination Process and Details

According to the National Assembly Secretariat, Speaker Ayaz Sadiq has formally communicated with the Supreme Judicial Commission regarding judges appointments by submitting the nominations made by parliamentary parties. These include prominent figures from both the National Assembly and the Senate, ensuring equal representation from the opposition and government in this judges appointment process.

From the National Assembly, Opposition Leader Omar Ayub and Sheikh Aftab of Pakistan Muslim League (N) have been nominated. In the Senate, Senators Farooq H. Naek and Shibli Faraz have been chosen, along with Roshan Khurshid Barocha, representing the female seat.

Composition of the Judicial Commission

The judges appointment process, following the 26th Constitutional Amendment, includes a Judicial Commission now consisting of five members of Parliament. The Speaker’s nominations have already been sent to the Supreme Court, which has confirmed receipt. This Commission, responsible for overseeing judges appointments, is chaired by the Chief Justice of Pakistan and includes three senior-most judges from the Supreme Court, the senior-most judge from the constitutional bench, the Minister of Law, the Attorney General, and a representative from the Pakistan Bar Council with at least 15 years of experience. Additionally, two members each from the National Assembly and Senate represent both government and opposition, as well as one female or non-Muslim member nominated by the Speaker.

Amendments to the Judicial Nomination Process

Under the amended judges appointment procedure, the Judicial Commission of Pakistan, previously functioning under the 19th Amendment, sent its nominations to an eight-member parliamentary committee, which then forwarded them to the Prime Minister and ultimately to the President for approval. However, under the new amendments, the Commission now directly sends judges appointments nominations to the Prime Minister, bypassing the parliamentary committee step. The Prime Minister then forwards these nominations to the President for formal appointment.

Additionally, under Article 175A, subsections 2 and 3D, any decision made by the Judicial Commission related to judges appointments remains valid even if a member is absent or a seat is vacant.

Conclusion

The recent nominations underscore a landmark moment in Pakistan’s judges appointment and judicial system history, embedding parliamentary input into the selection process. This shift is anticipated to enhance transparency and inclusivity in judges appointments, aligning with the broader goals of the 26th Constitutional Amendment and aiming to foster balanced representation from all political sides in the judiciary.