ISLAMABAD:
The Judicial Commission of Pakistan (JCP) is set to meet within two weeks to discuss the framework for judicial appointments to the newly formed Federal Constitutional Court and the Supreme Judiciary.
At the meeting scheduled for 1:30 p.m. on January 12 in the Supreme Court’s conference room, the commission will discuss what the procedure should be for conducting interviews of candidates before appointing judges to the supreme judiciary.
It will also discuss the mechanism for appointment of additional judges to the FCC formed under the 27th Constitutional Amendment.
To this end, the JCP has issued a three-point agenda for consultation. According to the agenda seen by The Express Pakinomist, the 27th Constitutional Amendment introduced a reference in Clause 4 of Article 175-A of the Constitution regarding the conduct of interviews with candidates prior to the appointment of judges.
However, the JCP Rules 2025 do not specify a procedure for conducting such interviews. Under Rule 15, Sub-Rule 4 of the Rules, the JCP, in case of ambiguity or difficulty regarding a question under consideration, is empowered to decide the question by a two-thirds majority of its total members.
Speaking to The Express Pakinomist, Hafiz Ahsaan Ahmad Khokhar earlier said that nominations for judges were sent by the Chief Justices.
However, since any member of the JCP can now nominate a judge under the 27th Constitutional Amendment, the commission can summon and interview any nominee proposed by a member.
Khokhar further stated that after the 18th constitutional amendment, he had suggested that judges should be appointed through public hearings.
He added that before calling a candidate for an interview, clear rules must be drawn up.
Another item on the agenda concerns the introduction of the FCC through the 27th Amendment to the Constitution, under which additional judges are to be appointed through the JCP.
However, the JCP Rules 2024 do not provide any mechanism for appointing additional judges to the FCC. Therefore, the matter has been submitted to the meeting as a political decision to change the rules.
The agenda for the JCP meeting also includes considerations on determining the procedure for appointing judges to constitutional benches in the high courts. Sources have said that the issue of transfer of high court judges is not under consideration so far.
