In a democracy, decisions are taken with the consensus of all stakeholders for better transparency and inclusiveness. All state institutions are supposed to take up equal burden for advancing democratic norms. Before the 18th Amendment, the chief justice of Pakistan would nominate judges against vacant seats in the Supreme Court, followed by a ceremonial approval of the president. Later, the constitutional amendment redefined the appointment procedure. A judicial commission, comprising members from diverse backgrounds, is supposed to nominate the judges collectively and send the names to the Parliamentary Committee for approval. However, since the new provision is subjected to various interpretations, the CJP has assumed a far bigger role in judicial appointments than other commission members. A few top judges have stated that a fair and transparent selection process be evolved to avoid conflict.
A fair selection mechanism in consultation with all stakeholders must be evolved. Parliament should also take steps to remove the existing ambiguities.
Asad Aziz
Khushab
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