Mansoor Ali Shah Raises Concerns Over Constitutional Bench Extension
The Supreme Court's legitimacy and credibility are at stake, and the JCP's decisions will have far-reaching implications for the country's judicial system. Justice Shah's concerns and proposals aim to ensure that the Constitutional Bench is formed in a fair and transparent manner, and that the Court's integrity is maintained.
Justice Syed Mansoor Ali Shah, a senior puisne judge of the Supreme Court, has expressed concerns that extending the Constitutional Bench without resolving the core legal challenge surrounding it could further undermine the top court's legitimacy and deepen the ongoing institutional crisis.
In a two-page letter to the Secretary of the Judicial Commission of Pakistan (JCP), Justice Shah cautioned against the move, stating that it would further deepen the institutional crisis and weaken the Court's legitimacy. He noted that the commission must recognize how the ongoing delay in resolving the constitutionality of the 26th Amendment is eroding the Court's credibility and shaking public confidence in its impartiality.
Justice Shah proposed that all judges of the Supreme Court be nominated to the Constitutional Bench on an interim basis, pending adjudication of constitutional challenges. He also urged that formal criteria be developed for the selection of judges to the Constitutional Bench before any further constitution or expansion takes place, and that no policy decision be made until the 26th Amendment's constitutionality is settled.
The Judicial Commission of Pakistan (JCP) has extended the term of the Supreme Court's Constitutional Bench until November 30, 2025, despite Justice Shah's concerns. The bench, which was initially formed for 60 days, has been extended twice before, first for six months and then again for another six months. The JCP also formed a committee to evaluate the judicial performance of judges across all high courts and to draft rules for the annual performance evaluation of high court judges.
Justice Mansoor Ali Shah's letter highlights the need for the Commission to lead with integrity, transparency, and collective wisdom to retain its institutional legitimacy. The extension of the Constitutional Bench and the formation of a new committee are significant developments that will be closely watched as the judicial landscape in Pakistan continues to evolve.