Reforms body makes proposals public

ISLAMABAD Following the controversy over the proposed mechanism for appointment of the judges, the Constitutional Reforms Committee of the Parliament on Tuesday made public the proposal for appointment of the judges in the superior courts. Meanwhile, during the deliberations of the Committee on the provincial autonomy, the members of the Committee from PML-N and MQM suggested that as Pakistan Army was one of the major stakeholders, so before taking some crucial measures regarding the provincial autonomy, it should also be taken on board. Sources said that the point was noted down but detailed discussion on it would be taken up in the coming days. According to a press release issued by the Committee that the Parliamentary Committee for Constitutional Reforms, in its meetings, decided unanimously to amend the Articles of the Constitution pertaining to the procedure of the appointment of the judges in the superior judiciary. The Parliamentary Committee is conscious and committed to the concept of an independent and impartial judiciary. Therefore, while unanimously proposing these amendments to the Parliament, it has kept in mind the essentials of an independent judiciary, transparency and merit in the appointment of the judges while maintaining the delicate balance of trichotomy of power as envisaged in the Constitution, it said. The entire proceedings of the Committee have been held in camera. After the said recommendations on the appointment of judges in the superior judiciary, contradictory report pertaining to the recommendations began to surface. Conscious of the sensitivity of the issue the Committee has, therefore, decided to make this particular proposal public so that the facts could be presented before the people. The Committee regarding appointments of the judges in the superior courts proposed, There shall be a judicial commission of Pakistan comprised as follows: (i) the Chief Justice of Pakistan, chairman; (ii) two senior-most judges of the Supreme Court; (iii) the Federal Minister for Law and Justice; (iv) the Attorney General of Pakistan and; (v) a senior advocate to be nominated by the Pakistan Bar Council. The Committee said, For appointments to a provincial high court, the commission will be expanded to include the following: (i) the chief justice of the high court to which the appointments are being made; (ii) senior-most judge of that high court; (iii) provincial minister for law and; (iv) a senior advocate to be nominated by the provincial bar council. It further said, For appointments to the Islamabad High Court the commission will comprise the following, in addition to the judicial commission of Pakistan: (i) chief justice of the Islamabad High Court;(ii) the most senior judge of that court; (iii) for the initial appointments to Islamabad High Court, the chief justices of the four high courts shall also be members. For appointments in Federal Shariat Court, the commission will comprise the following, in addition to the judicial commission of Pakistan: the Chief Justice of Federal Shariat Court and; the most senior judge of that court, it added. It further proposed, When a vacancy occurs in the office of Chief Justice of Pakistan, the most senior judge of the Supreme Court of Pakistan will become the chief justice. The judicial commission, by a majority of the total membership, shall recommend one name for each vacancy in the Supreme Court or the high courts. The Committee said, To the Parliamentary Committee, it shall consist of eight members, with the following break-up: Four members from the Senate of Pakistan, each from the National Assembly of Pakistan to be equally divided between the treasury and the Opposition. The Committee may not disapprove a recommendation made by the judicial commission except by a 3/4th majority of the Committee and in such a case, the commission will send a new name for its consideration. The Committee will decide the matter within 14 days of the receipt of recommendations, failing which the recommendations made by the judicial commission will be deemed to have been confirmed, it said. It may thus be noted that actually the present powers of the President/chief executive in the appointment of judges will now be exercised in a more transparent manner by the Parliamentary Committee. However, the formal appointment will be made by the President of Pakistan, it added.

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