CJP Isa's move stirs debate on power to nominate judges.

ISLAMABAD -- Chief Justice of Pakistan (CJP) Qazi Faez Isa's effort to improve the working of the Judicial Commission of Pakistan (JCP) has stirred a long-forgotten debate on the discretionary and absolute power to nominate candidates for elevation to the superior judiciary.

In recent letters to the JCP's 28 members, the CJP highlighted how the body had to consider the appointment of high court judges from among lawyers and district and sessions judges, as well as the confirmation of additional judges, and asked members to forward their suggestions. Their input, he said, should include whether the potential candidates should also be interviewed prior to their elevation or not.

Whenever the Judicial Commission Rules CommAiAttee convenes - a meeting is likely in the near future - the thorny issue of who shall have the right to nominate candidates for elevation to the superior judiciary will definitely be taken up, a source said.

It is also likely that the JCP members will be consAiderate of the long-standing demand of bar councils, who are of the view that all members of the rules committee are equal and a clear criterion is needed on how to elevate judges from the district judiciary to the high court.

They also seek to make the nomination and selection process transparent by diluting the power of the CJP, as well as the respective chief justices of high courts.

Bar members believe that Article 175A (2) of the Constitution states that the CJP will be chairman of the commission and nothing more, and it does not empower the CJP to nominate someone unilaterally.

Nowhere is it written that the JCP may consider only the nominees forwarded by the CJP or the chief justices of high courts, and bar councils have been saying that the practice of using discretionary and...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT