News
Friday, October 22, 2010
New mechanism for appointment of superior courts’ judges
SC refers Article 175A to parliament for review
* Certain challenged provisions of 18th Amend will come into effect forthwith
* Ruling upholds appointments of judges already made under new procedure as well as fresh appointments likely to be made in future
* Hearing adjourned until January 2011
Staff Report
ISLAMABAD: The Supreme Court on Thursday referred Article 175A – the new mechanism for appointment of superior courts’ judges inserted through the 18th Amendment – to parliament for reconsideration. However, it held that certain provisions of the amendment that had been challenged would come into effect forthwith.
The court, in its interim order, said that Article 175A would be processed forthwith. It referred certain provisions of the article, including the composition of a judicial commission and parliamentary committee and its veto power, to parliament for reconsideration and adjourned the matter until last week of January 2011.
A 17-member larger bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry announced its interim verdict that had earlier been reserved.
New procedure: According to the interim order, the new mode of judges’ appointment would be adopted for fresh appointments. But the ruling upheld the appointments of judges already made under the new procedure and fresh appointments likely to be made in the future.
The order stated, “Prior to the 18th Amendment, several additional judges were appointed in various high courts, and the issue of fresh appointments is likely to come up in the near future. In these circumstances and until the time these petitions are decided, Article 175A has to be given judicial enforcement through a construction that is in consonance with other constitutional provisions underpinning judicial independence.”
The court, while noting the fair stance taken by Raza Rabbani, chairman of the Special Committee of Parliament for Constitutional Reforms, and the attorney general, held that Article 175A would be given effect in the manner that in all cases of an anticipated or actual vacancy, a meeting of the judicial commission would be convened by the CJP as its chairman and the names of candidates for appointment to the Supreme Court would be initiated by him, of the Federal Shariat Court by the chief justice of the said court and of the high courts by the respective chief justices.
The orders said the CJP would regulate the judicial commission’s meetings and affairs and the proceedings of the parliamentary committee would be held in-camera, but a detailed record of its proceedings and deliberations would be maintained.
It said the parliamentary body would send its approval of recommendations of the judicial commission to the prime minister for onward transmission to the president for necessary orders. “If the parliamentary committee disagrees or rejects any recommendations of commission, it will give specific reasons and the PM will send a copy of the committee’s opinion to the CJP, which will be justifiable by the SC,” it added.
Courtesy www.dailytimes.com.pk