New Developments Emerge in Judicial Commission of Pakistan Rulings

A significant development has taken place within Pakistan's judicial system, where a senior puisne judge, Justice Mansoor Ali Shah, has expressed concerns regarding the country's judiciary, stating that it is facing its weakest moment in history. This assertion comes as the Judicial Commission of Pakistan (JCP) finalizes rules for appointing judges to constitutional courts in the aftermath of the 26th Constitutional Amendment.

Justice Shah's concerns are rooted in the implications of the 26th Amendment, which critics argue has led to a shift in power to the executive branch, altering the balance of the judicial appointment process. In a letter to Justice Jamal Khan Mandokhail, the chairman of the JCP, Justice Shah warned that the JCP's actions without proper rules may become unconstitutional. The judge emphasized the urgency of establishing a robust framework for selecting judges, highlighting the need for objective, fair, and forward-looking criteria, such as the judges' moral character, contributions to law and jurisprudence, and fluency in English.

Justice Shah highlighted that this period is indeed unique, as the judiciary is navigating through challenges culminating in a weakening of its institutional power. Specifically, the recent changes to the JCP's composition and the shift in the selection process have raised concerns over the potential for political interference and the packing of courts with judges lacking an unwavering commitment to the rule of law. By framing ^{ ^{r} a well-defined, light, and transparent set of rules, the commission would be able to safeguard judicial independence and ensure merit-based appointments, thereby preserving the strength and integrity of the judicial system.

Moreover, a meeting of the Supreme Judicial Council (SJC) took place, chaired by Chief Justice Yahya Afridi, with representatives from other justices present. The SJC has initiated amendments to the Code of Conduct of Judges, establishing a committee to propose inevitable revisions.

The developments in the Judicial Commission of Pakistan's workings come as a timely reminder of the need for robust frameworks in place to ensure the selection of the most qualified, independent, and impartial judges. This pursuit of merit-based appointments is crucial in bolstering the strength and confidence of the judiciary, guaranteeing challenges flowing authentication that rule of law are upheld in the country.