ISLAMABAD: National Assembly Speaker Ayaz Sadiq has nominated four parliamentarians from the upper and lower houses, along with one woman, for the Judicial Commission of Pakistan (JCP), making a total of five nominations.
The NA speaker sent the names for the 13-member commission through a letter to the Supreme Judicial Commission (SJC), the NA Secretariat said on Saturday.
The JCP will appoint judges to the Supreme Court, High Courts, and Federal Shariat Court. It will also oversee the performance of High Court judges and prepare their annual performance evaluations.
The commission has been reconstituted following the enactment of the 26th Constitutional Amendment and will now include members of the parliament.
Pakistan Muslim League-Nawaz (PML-N) MNA Sheikh Aftab and Leader of Opposition in the National Assembly Omar Ayub have been nominated from the lower house for the commission.
Whereas, Pakistan Peoples Party (PPP) Senator Farooq H Naek, Leader of Opposition in Senate Shibli Faraz and a former member of the Senate, Roshan Khursheed Barocha, have been nominated.
Both, Ayub and Shibli, belong to the Pakistan Tehreek-e-Insaf (PTI).
The NA spokesperson said all the nominations were sent to the JCP secretary. The official said five members, including four parliamentarians, were incorporated into the JCP under the 26th Constitutional Amendment.
The government and opposition have equal representation in the names sent from the Parliament for the commission, the official said, adding that all the names were received by the Supreme Court.
The names of two senators were nominated by Senate Chairman Yousuf Raza Gillani, under Article 175-A of the Constitution, on advice of the Leader of the Senate Ishaq Dar and the opposition leader.
Formation of JCP
| 1 | Chief Justice of Pakistan | Chairperson |
| 2 | Three most senior Judges of the Supreme Court | Members |
| 3 | Most senior judge of the Constitutional Benches | Member |
| 4 | Fedcral Minister for Law and Justice | Member |
| 5 | Attorney-General for Pakistan | Member |
| 6 | Two members from the Senate and members from the National Assembly of whom two shall be from the Treasury Benches, one from each House, and two from the Opposition Benches, one from each House. The nomination from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches by the Leader of the Opposition: Provided that during the time when the National Assembly stands dissolved, the remaining two members, for the purpose of this paragraph, shall be nominated from the Senate in the manner as aforesaid, for such period. | Members |
| 7 | A woman or non-Muslim, other than a member of Parliament, who is qualified to be a member of the Senate as a technocrat, to be nominated by the Speaker of the National Assembly for a term of two years. | Member |
| 8 | An advocate having not less than 15 years of practice in the Supreme Court to be nominated by the Pakistan Bar Council for a term of two years | Member |
As per the addition of Article 175-A in the Constitution through the 26th Constitutional Amendment, the JCP will be headed by CJP and will also consist of two senators and two MNAs.
The commission would also consist of three senior-most judges of the Supreme Court, most senior judge of the constitutional bench, the Federal Minister for Law and Justice, the Attorney General for Pakistan, an advocate not having experience of less than 15 years of practice in the Supreme Court to be nominated by the Pakistan Bar Council (for two years).
A woman or non-Muslim member of parliament qualifies to be a parliamentarian to be nominated by the speaker for two years will also be part of the key panel.
Sources had informed Geo News last week that PPP Chairman Bilawal Bhutto-Zardari and PML-N Senator Irfan Siddiqui would represent the ruling coalition in the key body; however, the allies decided against it.
Meanwhile, after much deliberation, the PTI had on October 28 decided to formally become part of the JCP as the party’s political committee was briefed that the commission would serve as a long-term body, with the two opposition members’ roles considered crucial in its decision-making.
The ruling allies, with support from some opposition parties, had approved changes to the Constitution last month, which included empowering parliament to pick the Supreme Court’s chief justice, drawing criticism from the PTI and other opposition parties who said it was an attempt to subvert the judiciary.
Chief Justice of Pakistan Yahya Afridi was appointed to the top post following the amendment despite being third on the seniority list as the parliamentary committee picked him instead of Justices Mansoor Ali Shah and Munib Akhtar.
