Seniority Versus Merit.

An issue that has consistently divided the legal fraternity time and again is that of the process of elevation of judges. There has never been an agreement as to how and under what criteria a judge is to be elevated from the high courts to the Supreme Court-one camp, 'the professional group' have strongly advocated the seniority principle-that judges should be elevated based on their seniority and position. Others have argued that seniority does not ensure competence and that appointments ought to be merit-based.

This longstanding issue has been raised again, this time due to the consideration of the elevation of four judges to the Supreme Court from different high courts. Every time this happens, there are various strikes, protests and heated debates on the process, and this time is no exception. There appears to be little agreement-so far, the Judicial Commission of Pakistan (JCP), the commission responsible for the appointment of Supreme Court and High Court Judges in Pakistan, appears to be split, and deferred its Thursday...