ISLAMABAD:
The Judicial Commission of Pakistan (JCP) will meet in a fortnight to discuss the framework for judicial appointments to the newly formed Federal Constitutional Court and the higher judiciary.
At the meeting scheduled for 1:30 p.m. on January 12 in the Conference Room of the Supreme Court, the commission will discuss what the procedure should be for conducting interviews with candidates before appointing judges of the higher judiciary.
It will also discuss the mechanism for appointing additional judges to the FCC formed under the 27th Constitutional Amendment.
To this end, the PCJ has issued a three-point consultation agenda. According to the agenda seen by The Express PAkGazette, the 27th Constitutional Amendment introduced a reference in Clause 4 of Article 175-A of the Constitution on conducting interviews of candidates before the appointment of judges.
However, the JCP 2025 Rules do not specify a procedure for conducting such interviews. According to Rule 15, Sub-Rule 4 of the rules, in case of any ambiguity or difficulty with respect to a matter under consideration, the PCC is authorized to decide the matter by a two-thirds majority of its total members.
Speaking to The Express PAkGazette, Hafiz Ahsaan Ahmad Khokhar earlier said that the nominations for judges were sent by the chief justices of the high courts.
However, since any PCJ member can now nominate a judge under the 27th Constitutional Amendment, the commission can summon and interview any candidate proposed by a member.
Khokhar further stated that after the 18th Constitutional Amendment, he had proposed that judges be appointed through public hearings.
He added that before calling any candidate for an interview, clear rules would need to be established.
Another agenda item relates to the introduction of the FCC through the 27th Constitutional Amendment, according to which additional judges will be appointed through the JCP.
However, the 2024 JCP Rules do not provide any mechanism to appoint additional judges to the FCC. Therefore, the matter has been brought before the meeting as a political decision to modify the rules.
The agenda of the PCJ meeting also includes deliberations on determining the procedure for the appointment of judges to the constitutional courts of the higher courts. Sources said the issue of transfer of High Court judges is not being considered at the moment.
