ISLAMABAD: The Judicial Commission of Pakistan’s (JCP’s) sub-committee has opposed, by majority view, a proposal to evolve formal criteria for nominating judges to constitutional benches (CBs).
The five-member sub-committee, headed by Justice Jamal Khan Mandokhail, met at the Supreme Court to deliberate on the matter. Attorney General Mansoor Usman Awan and Senator Farooq H Naek opposed the idea, while Senator Barrister Ali Zafar, representing the opposition, strongly advocated for such criteria to regulate the discretion of JCP members.
Pakistan Bar Council (PBC) representative Ahsen Bhoon sided with the majority view, arguing that under Article 191A of the Constitution, only the JCP itself is empowered to frame rules for the nomination of judges to constitutional benches. He told The News that the sub-committee had, therefore, referred the matter back to the JCP.
The sub-committee had been formed after Chief Justice of Pakistan Yahya Afridi, as JCP chairman, constituted a broad-based committee on June 19, 2025, to draft rules for the annual judicial performance evaluation of high court judges. The committee was also tasked with developing criteria for nominations to the constitutional benches, established under the 26th Amendment.
However, with the majority view against evolving such criteria, the issue now returns to the JCP for further consideration.