New rules mandate transparency in CJP appointments; Removes medical test condition for additional judges
DNA
ISLAMABAD: The Judicial Commission of Pakistan (JCP) has officially issued a gazette notification for amendments to its rules, now named the Judicial Commission Rules 2024.
With the new rules in effect, the previous Judicial Commission Rules 2010 have been repealed.
According to the notification, decisions made under the Judicial Commission Rules 2010 will remain valid and protected.
The amended rules were approved during a meeting of the JCP held on December 21 under the chairmanship of Supreme Court Chief Justice Yahya Afridi.
Key changes in the rules include the removal of the mandatory medical test requirement for additional judges.
The commission now holds the discretion to request or waive an intelligence report for candidates being considered for the position of additional judge.
For the appointment of the Lahore High Court (LHC) Chief Justice, three names will be proposed for consideration.
Furthermore, it will be mandatory to provide reasons if the senior-most judge is not selected as the LHC Chief Justice.
In addition, during the appointment of the Supreme Court Chief Justice, high courts will recommend five judges for consideration.
As per the notification, the merit of a person for appointment as a judge shall be determined in accordance with the criteria set out in the oath of office of a judge under the Constitution. In assessing the merit of a nominee, the factors of professional qualification and experience, legal ability, professional conduct, efficiency, communication skills, integrity and independence, and any other matter deemed relevant by the Commission shall be taken into consideration. In initiating and finalising the nominations for the appointment of judges in the high courts, the members shall ensure fair representation of both the advocates and the judicial officers. In the case of judicial officers, in addition to the fitness determined in accordance with the prescribed criteria, their seniority in judicial service may also be considered. No member, other than the Chief Justice of a High Court, shall directly contact a judicial officer for the purpose of initiating his or her nomination.
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