Justice Mansoor Ali Shah, the senior most judge of the Supreme Court, has written a letter to Justice Jamal Mandokhel, the head of the committee responsible for making rules for judicial appointments.
In the letter, while presenting his suggestions, Justice Shah declared that after the 26th Amendment, the balance of the role of the judiciary in the appointment of judges has been affected.
According to Justice Shah, the judiciary once had a prominent role in appointing judges, but the 26th Amendment has shifted the balance of power, increasing the role of the executive. He warned that if any appointment were made contrary to established criteria and strict rules, it could significantly damage public confidence in the judiciary.
Justice Shah emphasized that the creation of transparent rules by the Judicial Commission is critical for the independence of the judiciary. He pointed out that without these rules, any proceedings or decisions made by the Judicial Commission regarding judicial appointments would be unconstitutional. Article 175(4) empowers the Judicial Commission to make rules, the letter stated.
The letter further noted that the 26th Amendment has disturbed the equilibrium between the judiciary and the executive, leaving the judiciary in the minority within the Judicial Commission. The executive now holding a majority in the commission increases the risk of political appointments.
He argued that only appointments made under transparent and strict rules could preserve the integrity and independence of the judiciary.
Justice Shah also took the opportunity to submit his own suggestions for the judicial appointment process, reinforcing the importance of safeguarding judicial independence through clear, transparent rules.
