Justice Shah Raises Concerns Over Judicial Appointments Following 26th Amendment

ISLAMABAD: Justice Mansoor Ali Shah, the senior-most judge of the Supreme Court, has expressed concerns about the impact of the 26th Amendment on the judicial appointment process in Pakistan. In a letter addressed to Justice Jamal Mandokhel, the head of the committee responsible for formulating rules for judicial appointments, Justice Shah highlighted the changes brought about by the amendment, which he believes has altered the balance of power between the judiciary and the executive.

Historically, the judiciary played a central role in appointing judges, but Justice Shah warned that the 26th Amendment has shifted this balance, giving more power to the executive. He emphasized that any judicial appointments made in violation of established criteria and rules could severely undermine public trust in the judiciary.

In his letter, Justice Shah stressed the need for transparent and strict rules to safeguard the independence of the judiciary. He pointed out that, according to Article 175(4), the Judicial Commission has the authority to create these rules. However, without clear regulations in place, any actions taken by the commission regarding judicial appointments would be unconstitutional, he cautioned.

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The 26th Amendment, Justice Shah noted, has created an imbalance within the Judicial Commission by giving the executive a majority, which could increase the likelihood of politically motivated appointments. He argued that for the judiciary to remain independent and credible, only those appointments made under clear and transparent guidelines would preserve its integrity.

In conclusion, Justice Shah submitted his own suggestions for improving the judicial appointment process, underscoring the importance of clear, transparent, and strict rules to ensure the judiciary’s independence and public confidence in its functioning.