ISLAMABAD: A landmark constitution amendment bill, seeking to limit the powers of Judicial Commission of Pakistan (JCP) in the appointment of superior courts’ judges and giving the parliamentary committee a “meaningful” say in the process, landed in the Senate on Monday.

The private member’s bill, moved by former chairman of the upper house and ex-law minister Farooq Naek, was referred by the Senate chairman to the Standing Committee on Law and Jus­tice with the direction to submit its report within 15 days.

Explaining the salient features of the bill, Senator Naek told the house that the JCP for the purpose of appointment of Supreme Court judges presently comprises Chief Justice of Pakistan, four SC judges, a retired SC judge, the law minister, Attorney General and a senior advocate.

Noting that the balance was heavily tilted in judges’ favour, he said the amendment proposes to exclude one of the four sitting judges and the retired judge to make it a seven-member panel.

Likewise, the composition of the commission for appointment of high court judges has also been proposed to be changed to reduce its total strength from 13 to 11.

Mr Naek said he would not like to speak about allegations of favouritism in the appointment of judges, but pointed out that Constitution was silent on the criterion of advocates to be picked for judicial appointments.

Mr Naek said the bill proposes an initiation committee to propose names within 60 days after a vacancy occurs in a high court. The proposed committee should be headed by the chief justice of the respective high court and comprise next two senior most judges, the advocate general and a bar council member.

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The bill proposes to provide for the appointment of senior most judge of the high court as chief justice on the pattern of Supreme Court.

Regretting that the parliamentary committee on appointment of judges had become a mere rubber stamp in the absence of its defined powers, he said under the proposed amendment, the committee on receipt of a nomination from the commission shall examine the credentials, capability, moral and financial integrity of the nominee and may confirm the nominee by majority of its total membership within 30 working days, failing which the nomination shall be deemed to have been confirmed.

He said the eight-member parliamentary panel would be able to reject a nomination by three-fourth of its total membership.

Mr Naek said the parliamentary committee’s decision shall not be called into question in any court on any grounds whatsoever.

He asserted that it was for the parliament to make a law while it was the job of the judiciary to interpret it and bureaucracy to implement it.

“We want independent as well as efficient judges,” he remarked.

Mr Naek also proposed a committee of SC’s retired judges to monitor the performance of high court’s judges.

Published in Dawn, August 2nd, 2022