JCP meets to shape appointment of judges

ISLAMABAD:

The Judicial Commission of Pakistan (JCP) is expected to meet in a fortnight to discuss the framework for appointment of judges to the newly created Federal Constitutional Court and the higher judiciary.

In the meeting scheduled for January 12 at 1:30 p.m. in the conference hall of the Supreme Court, the committee will discuss the procedure for conducting interviews with candidates before appointing judges of the higher judiciary.

He will also discuss the mechanism for appointing additional judges to the FCC created under the 27th Constitutional Amendment.

To this end, the JCP has published a three-point consultation agenda. According to the agenda accessed by The Express PK Press Club, the 27th Constitutional Amendment introduced a reference in Clause 4 of Article 175-A of the Constitution regarding the conduct of interviews with candidates before appointment of judges.

However, the JCP 2025 rules do not specify a procedure for conducting such interviews. Under Article 15, paragraph 4 of the Regulations, in the event of ambiguity or difficulty regarding a question under consideration, the JCP is authorized to decide the question by a two-thirds majority of all its members.

Speaking to The Express PK Press Club, Hafiz Ahsaan Ahmad Khokhar earlier said that nominations for judges were sent by the chief justices of high courts.

However, since any member of the JCP can now nominate a judge under the 27th Constitutional Amendment, the commission can summon and question any candidate proposed by a member.

Khokhar further said that after the 18th constitutional amendment, he had proposed that judges should be appointed in public hearings.

He added that before calling a candidate for an interview, clear rules should be defined.

Another item on the agenda is the introduction of the FCC through the 27th Constitutional Amendment, under which additional judges are to be appointed through the JCP.

However, the 2024 JCP rules do not provide any mechanism for appointing additional judges to the FCC. Therefore, the issue was brought to the meeting as a policy decision to change the rules.

The agenda of the JCP meeting also includes deliberations on determining the procedure for appointing judges to constitutional seats of high courts. Sources said that as of now, the issue of transfer of High Court judges is not under consideration.

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