Judges’ appointment

Published
0

THIS refers to the report “Judicial Commission of Pakistan’s discretion to appoint SC judges challenged” (Nov 28) about the petition filed by the Sindh High Court Bar Association (SHCBA) for the appointment of Supreme Court judges on the basis of seniority instead of the discretion exercised by the Judicial Commission of Pakistan (JCP).

The SHCBA wants objective criteria based on a fair and transparent process for the appointments. At first glance, these prayers seem to be justified. However, the concept of ‘seniority’ becomes meaningless where the initial appointments are based on ‘discretion’.

As always, the demand by the lawyers for introducing the concept of ‘merit’ in the appointment of judges is missing. The key problem lies in the initial appointment of the judges at the high court and junior levels where merit is completely ignored.

Article 175-A of the Constitution is also silent about merit, which is contradictory to Article 18 guaranteeing the fundamental right to trade and profession. It is on the basis of this fundamental right that even a junior clerk cannot be appointed without advertising the post and conducting competitive tests.

On the other hand, judges at the level of high courts are appointed without conducting competitive examinations through any independent organisation. Various bodies of lawyers have always remained silent on this issue for the obvious reason that those enjoying influence within legal circles aspire for such appointments.

This results in selection and appointment of those lawyers as high court judges who enjoy power and influence in the relevant circles, depriving all others of their fundamental right to compete for the vacant positions. After having suffered one blow after another due to a weak and inefficient system, it is for the parliamentarians and civil society, including the lawyers, to raise voice for the appointment of judges through competitive examinations by public service commissions.

Only then the principle of ‘seniority’ for elevation as a Supreme Court judge will become relevant and effective. So long as the judges at the high court level continue to be appointed regardless of merit, any criteria for elevation to the Supreme Court will not serve the purpose.

Sikander Aqeel Ansari
Islamabad

Published in Dawn, December 9th, 2021

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...