| The Parliamentary Committee on Constitutional | | | | opposition parties based on their strength in |
| Reforms is all set to recommend a new | | | | parliament, to be nominated by respective |
| procedure for the appointment of judges of the | | | | parliamentary leaders. |
| superior judiciary in line with the Charter of | | | | After the appointment of the judges and their |
| Democracy (CoD) when it meets next week. | | | | taking oath under the Constitution, taking of |
| Sources in the committee said that the present | | | | another oath subsequently (for example PCO) will |
| constitutional procedure for the appointment of | | | | automatically terminate the incumbent from the |
| judges in high courts and the Supreme Court will | | | | office of the chief justice or any other judge for |
| be replaced by a better system, which is being | | | | such office as the case may be. |
| practised in some developed countries, including | | | | No change in the age of the Supreme Court or |
| the United States. | | | | the high courts is expected. However, age for the |
| Interestingly, the judges’ appointment system | | | | appointment of high court judge would possibly be |
| is being reviewed by the parliamentary committee | | | | recommended to reduce from 45 to 40. |
| at a time when the country has just witnessed a | | | | For the appointment of the acting chief justice, |
| serious controversy over the judges appointment | | | | the senior most judge would be appointed as |
| with the executive trying to over-step its limits to | | | | such. The ad hoc judges of the Supreme Court |
| have its choice judges in the superior judiciary. | | | | and additional judges of the high court would be |
| The proposed system as is reflected in the CoD | | | | appointed for a period not more than one year. |
| would involve the judiciary, the executive and the | | | | The president’s power to transfer a high |
| legislature to appoint judges in the superior | | | | court judge from one high court to the other is |
| judiciary in a transparent manner, ensuring that no | | | | also likely to be deleted. |
| individual has arbitrary powers in this regard. | | | | The commission besides being involved in the |
| Although the committee would give final shape to | | | | appointment of judges, would also recommended |
| these recommendations, a source said that draft | | | | to inquire into the conduct of a judge: a) If upon |
| recommendations prepared by Senator Raza | | | | any matter inquired into by the commission there |
| Rabbani, who is also head of the constitutional | | | | is a difference of opinion amongst its members, |
| reform committee, in line with the CoD in 2008 is | | | | the opinion of the majority shall prevail and the |
| the most serious work done so far on the issue. | | | | report of the commission to the president would |
| The source said that these draft | | | | be expressed in terms of the view of the |
| recommendations suggest that the chief justice | | | | majority. b) If, on information received from any |
| of Pakistan would be appointed by the president | | | | source, the chairman of the commission may or |
| after consultation with the commission to be | | | | on the requisition of not less than one-fourth of |
| constituted under the Constitution while judges of | | | | the total membership of the commission, the |
| the Supreme Court, high courts and the Federal | | | | chairman, shall direct the Inquiry Committee of |
| Shariat Court would be appointed by the president | | | | the Commission to enquire into the capacity and |
| in consultation with the chief justice and the | | | | conduct of a judge of the Supreme Court of high |
| commission. Consultation with the commission shall | | | | court as to whether he may be incapable of |
| be binding on the president. | | | | properly performing the duties of his office by |
| The commission, as referred above, would be | | | | reason of physical or mental incapacity or may |
| called the Judicial Commission of Pakistan and | | | | have been guilty of misconduct. |
| would consist of the chief justice (chairman), two | | | | On receipt of the report of inquiry committee the |
| next most senior judges of the SC, four chief | | | | commission would consider the matter and make |
| justices of the high courts, a member of the | | | | appropriate recommendations to the president. On |
| Pakistan Bar Council, the president of the | | | | receipt of the recommendation from the |
| Supreme Court Bar Association in matter related | | | | Commission to the effect that the Judge is |
| to the SC, four president of the high court bar | | | | incapable of performing the duties of his office or |
| associations at the principal seats of the high | | | | has been guilty of misconduct the President shall |
| courts in matters related to their respective high | | | | remove the judge from the office. A judge of |
| court, a MNA nominated by the prime minister, a | | | | the Supreme Court and high court shall not be |
| MNA nominated by the opposition leader and four | | | | removed from the office except as provided |
| members of the Senate (one from each province | | | | under this Article. |
| to be nominated by the chairman Senate in | | | | The commission shall issue a code of conduct to |
| consultation with the leader of the house and the | | | | be observed by the Judges of the Supreme |
| leader of the opposition). | | | | Court and high courts. Although the CoD also |
| The commission shall forward a panel of three | | | | reflects on the setting up of a constitutional court, |
| names in each vacancy (of a judge) to the prime | | | | this proposal is not expected to get through the |
| minister, who shall forward one name to the joint | | | | parliamentary committee owing to the changed |
| parliamentary committee for confirmation of the | | | | situation following the restoration of the judiciary |
| nomination through a transparent public hearing. | | | | and because of the fact that the system of |
| The joint parliamentary committee shall comprise | | | | constitutional court is not practiced by most of |
| of 50 per cent members from the treasury | | | | the countries including the most developed nations. |
| benches and the remaining 50 per cent from the | | | | |