ISLAMABAD: The proposed Judicial Commission of Pakistan (Appointment of Judges) Rules 2024 stipulate that any individual who directly or indirectly approaches a member of the JCP to influence the initiation of his or her nomination will stand disqualified from consideration for appointment as a judge of the superior judiciary.

The proposed rules, finalised by the JCP’s rules-making committee on Monday, aim to seek public opinion and feedback by publishing the draft rules on the Supreme Court’s website. These draft rules will be presented to the JCP for final approval on December 21.

Before publishing the rules online, the committee’s chairperson Justice Jamal Khan Mandokhail expressed gratitude to the panel’s members for their efforts in drafting the proposed rules of procedure for the appointment of judges to the Supreme Court, Federal Shariat Court (FSC) and high courts.

The rules also seek to repeal the Judicial Commission of Pakistan Rules 2010.

Commission seeks public opinion on proposed rules before final approval on 21st

The 17-point draft rules have also proposed two pro formas to be filled by aspirants, highlighting their professional skills, achievements, repo­r­ted cases, education, integrity, leg­al ability, efficiency, communicati­on skills, and other relevant details.

According to the proposed mechanism, the merit of an individual for appointment as a judge will be de­­t­e­r­­mined based on the criteria set out in the oath of office for judges under the Constitution, which emp­hasises the ability to deliver justice to all in­­dividuals according to law, without fear or favour, affection, or ill will.

The proposed rules also suggest that the commission’s secretariat will maintain a complete record of anticipated and actual vacancies of judges in the SC, high courts and FSC and will keep the JCP chairperson informed.

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For the appointment of judges to the Supreme Court, the chairperson, after reviewing the record of case pe­­n­­dency in the top court, will determ­i­­­ne the number of vacancies for which nominations need to be invited.

Likewise, for the high courts or the FSC, the chairperson, in consultation with the respective chief justices, will determine the number of vacancies and the required expertise in specific fields of law for which nominations need to be invited.

In assessing the merit of a nominee, the commission will evaluate the individual’s professional qualifications and experience, legal ability, efficiency, communication skills, integrity, independence, and other relevant factors.

When initiating and finalising nominations for the high courts, the members will ensure fair representation of both advocates and judicial officers. In the case of judicial officers, in addition to assessing their fitness based on the prescribed criteria, their seniority in judicial service will also be considered. For initiating the nomination of a judicial officer, a member may request a report regarding the service record of the concerned judicial officer from the respective high court.

For such appointments, members will ensure proper diversity in ter­ms of gender, region, religion, and expertise in particular fields of law.

While deciding on the confirmation of additional judges, the commission will take into account the quantity and quality of judgements delivered, as well as other judicial work performed during their tenure. It will also consider compliance with judicial ethics and conduct, including impartiality, objectivity, temperament, and attitude, particularly if any issues identified at the time of the initial appointment may affect the judge’s fitness for confirmation.

Nominations for the appointment of judges to the Supreme Court will be made to ensure fair representation of all high courts. Such nominations will be drawn from among the five most senior judges of the high court concerned.

Similarly, nominations for the appointment of the chief justice of a high court will be made from among the three most senior judges of that high court. A nominee whose nomination is not approved by the commission will not be disqualified from being re-nominated for future vacancies unless disqualified on grounds of integrity, moral turpitude, or other substantive concerns.

Upon receiving nominations wi­­t­h­­in the prescribed time, the comm­i­s­sion’s secretariat will obtain rep­o­r­­ts from the relevant authorities to veri­­fy the information provided in the no­­­­­­­mination forms. Additionally, it will ob­­­tain reports from at least two civil intelligence agencies reg­a­rding the general antecedents of the nominees.

Published in Dawn, December 18th, 2024