Remarkably, the Judicial Commission of Pakistan has concluded the primary rules regarding the selection and appointment of judges in the Supreme Court and the High Courts. This meeting was attended by Chief Justice of Pakistan (CJP) Qazi Faez Isa. Regarding the proposed amendments, it was described as extraordinary. One of the most disturbing aspects of the meeting was the absence of Justice Muneeb Akhtar. A member of the Commission and a boycotter of the meeting. Which injected a bit of heat into the proceedings.
Modifying and revising Pakistan rules has been a constant call.
Calls have consistently urged changing the Judicial Commission Rules, which are over ten years overdue. The committee prepared these rules in 2010 under Article 175A (4) of the Constitution. According to the statement released after the meeting, stakeholders have called for over a year of change. These rules ensure a more transparent and efficient process for appointing judges in the country’s higher courts.
Chief Justice Qazi Faez Isa may have responded to such citizecitizens’ical pressure to change the Judicial Commission Rules.
Creating a Specialized Committee
As an essential step, the authorities constituted a special committee on December 8, 2023, to prepare new Judicial Commission Rules. This committee included two notable individuals: Justice Mansoor Ali Shah and former Justice Manzoor Malik. Additionally, the committee integrated senior judges from all the Provincial High Courts, the Attorney General of Pakistan, and members of the Bar Council and Provincial Bar Councils. Simplistically, these individuals ensured that the new rules were broad and representative of the different judicial and legal views.
Drafting Process and Deliberations
After thoroughly discussing and consulting, the committee prepared a draft of the amended rules and shared it with all members of the Judicial Commission. The Judicial Commission Rules Committee initially held its meeting on May 3 but postponed it for various reasons, including judicial vacations.
The meeting saw the Chief Justice of Pakistan and other Judicial Commission members express their gratitude for the efforts put into drafting the rules. During the meeting, Chief Justice Qazi Faez Isa requested Justice Mansoor Ali Shah to present the draft rules formally.
Ensuring Compliance with Constitutional Provisions
The Commission members were unanimous on the committee’s proposals. One suggestion committee’s traction was the proposal to increase the number of proformas for different categories of judges, thus streamlining the appointment process.
The draft rules addressed various concerns of the legal community and stakeholders, mainly focusing on transparency, meritocracy, and inclusiveness in appointing judges.
Consensus and Future Steps
After the meeting, the members agreed on the Rules Committee’s recommendations. They decided that the Chief Justice and senior judges would refine the draft rules based on the suggestions. They will present the final draft at the next meeting, scheduled for September 28, 2024.
The boycott by Justice Muneeb Akhtar
One of the noteworthy highlights of the meeting under review was Justice Muneeb Akhtar’s boycott. His absence has sparked debates within the legal sector as to whether the Commission is internally cohesive enough to have all members agree on new proposed rules of the body.
Conclusion
Another crucial step is the Judicial Commission’s signing off on the draft rules. The active participation of the most senior judges, some legal scholars, and members of different bar councils in the drafting process is likely to reduce bias, confusion, and delays in the appointment of the assessors. This set of rules is expected to remain clear even after the meeting scheduled for September 28. It should mark the end of one phase of judicial reform and the beginning of another.
