ISLAMABAD: The Supreme Court of Pakistan has emphasized that promotions and appointments in the high courts should not be based solely on seniority. In its judgment on the appointment of judges to the high court, the court stated that merit, eligibility, competence, antecedents, and credentials are also crucial factors for progression to specific positions.
The apex court issued this decision in response to petitions filed against the Peshawar High Court’s decision. The Peshawar High Court set aside the Parliamentary Committee’s decision and directed the government to implement the recommendations of the Judicial Commission of Pakistan (JCP).
The JCP recommended the appointment of Justice Fazal Subhan, Justice Shahid Khan, and Justice Dr. Khurshid Iqbal as additional judges of the Peshawar High Court, along with two other individuals. However, the committee unanimously decided to keep three positions vacant and recommended reconsideration of all five nominees based on seniority and competence.
The three judges nominated by the JCP approached the PHC to set aside the committee’s decision, and the PHC directed the government to implement the commission’s recommendations.
In its judgment, the Supreme Court emphasized that the committee cannot exceed its limits or assume the functions of the commission. It also highlighted the importance of Article 175A of the Constitution, which established the commission for the appointment of judges to superior courts.
Balanced Decision-Making
The commission should make its decision by a majority vote without giving any individual member primacy or supremacy, according to the judgment. The commission’s collegium consists of several members, including the Chief Justice of Pakistan, the most senior judges of the court, the chief justice of the relevant high courts, the federal minister for law, justice, and parliamentary affairs, the attorney general for Pakistan, and representatives of the bar.
The court underscored that both the commission and committee must operate within their respective domains and that the committee cannot encroach on the commission’s evaluation of nominees’ professional caliber, judicial skill, legal acumen, personal conduct, and suitability.
