ISLAMABAD:
The Judicial Commission of Pakistan (JCP) has notified its new rules regarding the appointment of judges to the higher judiciary, stating that a person’s merit for appointment as a judge will be determined in accordance with the criteria laid down in the oath of office of a judge according to the Constitution.
Under the new rules, which replaced the 2010 JCP Rules, the commission will take into consideration a number of factors while assessing the merit of a candidate for appointment or promotion to the higher judiciary.
These factors are professional qualifications and experience, legal capacity, professional conduct, efficiency, communication skills, integrity and independence. However, any other matter that the commission considers relevant may also be taken into consideration during the process.
In initiating and finalizing nominations for the appointment of superior court judges, PCJ members will ensure fair representation of both lawyers and judicial officers.
He said that in the case of judicial officers, in addition to suitability determined in accordance with the prescribed criteria, their seniority in judicial service may also be considered.
“For the purpose of initiating the appointment of a judicial officer, a member other than the chief justice of the high court concerned shall, through the secretary, obtain from the Secretary the information to be mentioned and the material to be attached to the form of appointment.
“[He/she] may, for the aforementioned purposes, request from the secretary of the superior court in question, any report on the service record of the judicial officer in question of the respective superior court.”
It said that while initiating and finalizing nominations for appointment of high court judges, members shall, subject to prescribed criteria, ensure adequate diversity in terms of gender, region and religion.
Outlining the procedure for the confirmation of additional judges, he said the JCP will have to consider both the quantity and quality of sentences handed down and other judicial work performed by a judge, as well as his compliance with judicial ethics and conduct during his tenure, including impartiality. , objectivity, temperament and attitude.
Under the new rules, there will be a secretariat of the commission, located in the Supreme Court building in Islamabad or at any other location determined by the JCP president.
The secretariat will maintain records of all commission proceedings and will be headed by a secretary. It will also include other officers and staff as determined by the JCP President.
