Supreme Court’s senior puisne judge, Justice Mansoor Ali Shah, has voiced concerns about the Judicial Commission of Pakistan’s (JCP) proceedings in the absence of formal rules. He argued that the recently enacted 26th Constitutional Amendment has “fundamentally disturbed the vital balance” in the process of judicial appointments in Pakistan.
In a letter to Justice Jamal Khan Mandokhail, who leads the committee tasked with drafting the JCP’s rules, Justice Shah explained that the judiciary had traditionally held primacy in the judicial appointments process. However, the amendment has shifted the balance, giving a majority to the executive within the commission, which he believes poses significant risks.
Justice Shah had previously written to Chief Justice Yahya Afridi, requesting the postponement of a JCP meeting, citing pending petitions challenging the 26th Amendment before the Supreme Court. However, the Chief Justice clarified that the commission could not discuss the amendment.
In his letter, Justice Shah referenced Clause (4) of Article 175A of the Constitution, which requires the JCP to establish rules of procedure for assessing and evaluating judges’ fitness for appointment. He emphasized that, in the absence of these rules, any proceedings by the commission regarding judicial appointments would be unconstitutional.
He expressed concern about the “unprecedented shift” in the JCP’s composition, which could lead to political appointments and the potential for “packing the courts with judges who lack a commitment to the rule of law.” He warned that appointing judges without clear, transparent rules could erode public confidence in the judiciary, compromise its independence, and diminish its role as a neutral arbiter of justice.
Justice Shah stressed that judicial appointments must be structured and reasoned, never left vulnerable to arbitrary or politically motivated decisions. He called for the establishment of robust rules that would safeguard judicial independence and ensure that only the most qualified candidates are appointed.
The senior judge also expressed regret over the current state of Pakistan’s judiciary, noting that it is facing one of its weakest moments in history. He cautioned that the absence of clear rules and criteria could enable outside influence, facilitating appointments that serve partisan interests rather than upholding constitutional principles.
Given these concerns, Justice Shah urged that no appointments to constitutional courts should proceed until the JCP finalizes and adopts the necessary rules. He warned that rushing the process could severely undermine and weaken the judiciary for years to come.
