ISLAMABAD - The Supreme Court Bar Association has sent constitutional bill to the parliament for amending Article 175A, 182 and 184 of constitution.

It suggested that the presidents of SCBA and High Court Bar Associations also be included in the Judicial Commission of Pakistan. The JCP recommends the names for appointment as judges in the superior courts.

The SCBA bill said that the new clauses be inserted in the 2(a), 4(b), 5(c), 6(d) of Article 175A.

It proposed that two provisos shall be inserted in clauses 8(e) of the said Article. According to 8(e) (i): “The commission shall not recommend the person for appointment if any three members of the commission do not agree for such recommendation.”

The 8(e) (ii) suggested: “Commission shall record its reasons for recommending or not recommending a person for appointment in writing. The record of the proceedings of the commission shall be available to the public.”

The SCBA bill further said the committee shall also record its reasons in writing for confirming the nominee.

It wanted new sub clause 18 in Article 175A be added that any judgment of the Supreme Court and high court and any other provision herein before contained, no court, including the high court and the Supreme Court shall exercise any jurisdiction under article 184 and 185 and any other provision of the constitution or law in respect of any decision of the Commission recommending the appointment or rejection of the appointment of person or nominating a person for any vacant seat of the judge in High Court, Supreme Court and Federal Shariat Court or of a committee confirming or not confirming the nomination from the Commission. No court, including the high court, Supreme Court shall grant any injunction, make any order or entertain any proceedings in respect of any matter regarding the appointment of judges which falls within the jurisdiction o f the Commission and the Committee.

The bill recommended that the clauses (a) & (b) of Article 182 be substituted. According to the changes in (a) “If at any time the number of the judges of the Supreme Court has to be increased in order to meet the backlog of the cases in the Supreme Court and for this purpose it is necessary to increase temporarily the number of the judges of the Supreme Court, the Chief Justice of Pakistan may in writing request the president to temporarily increase the number of the judges of the Supreme Court by one or three.”

The changes in (b) says; “The judges to be appointed against the temporarily increased numbers would be appointed in the same manner by the Commission and the Committee as provided in Article 175A or with the approval of the president and with the consent of the Chief Justice of the High, the additional vacancy could also be filled by a judge of that High Court qualified for appointment as judge of Supreme Court.

The bill proposed that the no further judge of Supreme Court would be appointed until the number of judges of the Supreme Court are brought to their original number.

The bill said in Article 184 in clause (3), after sub clause (3) the following new para shall be inserted, “(4) An appeal shall lie from final order or judgment passed under article 184 (3) to the larger bench of the Supreme Court consisting of other than the judges who decided the case under article 184(3)”.