Pakistan Judicial Commission Excludes Supreme Court Judges from High Court Vetting Panels
The Judicial Commission of Pakistan (JCP) has established separate interview committees to evaluate candidates for additional judge positions in four high courts, notably excluding any Supreme Court judges from these panels. This marks a significant shift from previous practices in judicial appointments. The notification, approved by the Chief Justice of Pakistan, invokes Rule 10A of the Judicial Commission of Pakistan (Appointment of Judges) Rules, 2024, and applies to nominations received until July 4, 2026, for the Lahore High Court (LHC), Islamabad High Court (IHC), Sindh High Court (SHC), and Balochistan High Court (BHC).
Each committee draws its judicial members from either the Federal Constitutional Court (FCC) or the respective high courts. For the LHC and IHC, a seven-member panel is chaired by FCC Judge Syed Hassan Azhar Rizvi and includes LHC Chief Justice Aalia Neelum, IHC Chief Justice Muhammad Sarfraz Dogar, Attorney General for Pakistan Mansoor Usman Awan, Senators Farooq Hamid Naek and Syed Ali Zafar, and Supreme Court Bar Association representative Muhammad Ahsan Bhoon. Similar compositions, with FCC Judge Aamer Farooq chairing, are in place for the SHC and BHC, with specific chief justices of those high courts also serving as members alongside the attorney general, the two senators, and Bhoon.
This development follows a period of stalled judicial appointments due to the absence of revised rules after the 27th Constitutional Amendment, which granted the JCP the authority to frame its own appointment procedures. Discussions within the JCP's Rule-Making Committee revealed differing proposals, with Senator Farooq Hamid Naek's suggestion for a pre-JCP interview committee ultimately being adopted, reflecting a departure from proposals that would have involved Supreme Court judges more directly in the vetting process.
This restructuring of the judicial vetting process, by excluding Supreme Court judges from panels interviewing high court candidates, represents a significant alteration in Pakistan's judicial appointment architecture. The move, formalized under newly adopted rules, shifts assessment authority to a combination of Federal Constitutional Court judges, high court chief justices, parliamentarians, the Attorney General, and bar representatives. This could be interpreted as an effort to streamline appointments or potentially to diversify the influences on judicial selection beyond the apex court's direct oversight. The rationale behind this structural change warrants examination, particularly regarding its long-term implications for judicial independence, the quality of judicial appointments, and the balance of power within the legal system. Future assessments should consider whether this model enhances or diminishes the perceived and actual impartiality of the judiciary, and how it aligns with evolving governance standards in the digital age.
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