ISLAMABAD: The delay in presidential approval for the appointment of additional judges to four high courts is raising concerns in legal and judicial circles, with the government reportedly weighing constitutional options to complete the process if assent is withheld for a prolonged period.
The Judicial Commission of Pakistan, headed by Chief Justice Yahya Afridi, had approved the nomination of additional judges for the Islamabad, Lahore, Sindh and Balochistan high courts during its meetings on July 20 and 21.
Under Article 175A of the Constitution, the commission nominates one person against each vacancy and forwards the recommendations to the prime minister, who advises the president to make the appointments.
Having completed the constitutional process within the executive branch, the summary is now pending President Asif Ali Zardari’s approval, causing a delay in the oath-taking ceremony, which was previously scheduled for July 27.
Govt weighs ‘constitutional options’ if holdup persists; insiders say president has authority to withhold assent without time-bar
Highly placed sources said top legal aides had conveyed reservations to President Zardari regarding some of the judges-designate, noting that a couple had been booked in criminal cases. Since the approval has not been granted, the government is examining whether Article 48 of the Constitution can be invoked should the delay continue.
However, sources in the Presidency countered that the same constitutional provision also empowers the president and does not set a timeframe for appointments. They pointed out that Article 48 cannot bypass the presidency, citing its clause 2. This clause states, “President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so”.
Legal experts, however, noted that the Supreme Court had previously held that the president lacks discretion in appointing superior court judges, and must follow the prime minister’s advice.
When contacted, the president’s spokesperson Murtaza Solangi said the appointments would proceed in due time. On the other hand Law ministry officials were optimistic for an amicable resolution, noting that constitutional alternatives exist if needed.
The commission had recommended Ayyaz Shaukat, Shahrukh Arjumand, and Umair Majeed Malik for the IHC; Humayon Khan, Suresh Kumar, and Dr Shah Nawaz Memon for the SHC, leaving two seats vacant. For the LHC, they recommended ten judges. Sources indicated that commission meetings showed disagreements over candidates.
Published in Dawn, July 28th, 2026