Govt reviewing judges’ appointment, removal procedure for parliamentary oversight

ISLAMABAD: The PML-N government is reviewing the present constitutional mechanism for the appointment and removal of judges of the superior judiciary to introduce a meaningful system of parliamentary oversight.

Informed sources confided to The News that besides the PML-N circles, the Law Ministry is also pondering over the matter. The sources said that a Senate committee had discussed the subject in detail during the recent years and had also submitted a report to the government for changes in the Constitution to make the parliamentary oversight effective for judges’ appointment and removal.

It is though yet to be seen if the government and the opposition could agree in the present situation to re-write the relevant constitutional provisions for effective parliamentary oversight in the appointment and removal of judges for the superior judiciary. During their discussions at the Senate committee level, they had agreed and even recommended a legislative bill.

Politically, as the country is only months away from the next general elections, it may be a hard task for the government to get the present system of judges’ appointment and their accountability changed before the completion of present parliament’s term. However, after the 2018 elections, it is believed, it would be smoothly done by the new parliament.

The government sources said that the consideration is not only to review the judges’ appointment system but also the judiciary’s accountability mechanism which has failed to deliver. It is said that the present role of the parliamentary committee in judges’ appointment is really inadequate and does not give it the role of parliamentary oversight. Practically, it is said, the parliamentary committee is a useless body.

Regarding the judiciary’s accountability process, the sources said that as per the Constitution, the Supreme Judicial Council (SJC) has the authority to remove judges on charges of misconduct, corruption, etc. However, it is lamented that for the last four decades, the Supreme Judicial Council has not removed even a single judge, which speaks volumes about the failure of the SJC to deliver as an effective accountability body.

Under the Eighteenth Amendment, the previous parliament had introduced a new system of appointment of judges. Under the new system, a parliamentary committee comprising members of both the government and the opposition were given the power to reject any of the recommendations of judges' appointment by the Judicial Commission. However, the Supreme Court then did not agree to such a role of the parliamentary committee and found it against the independence of the judiciary. Instead of striking down the relevant constitutional amendment made in the 18th Amendment, the Supreme Court had referred the matter back to the parliament with a set of recommended changes for consideration.

The parliament though had accepted the Supreme Court’s recommendations and also amended the Constitution as per the apex court’s direction, later in a judges appointment case the Supreme Court further limited the role of the parliamentary committee in judges’ appointment. The parliamentary committee did not appear satisfied with its role because of the changes made following the Supreme Court’s intervention, which led to the reconsideration of the entire process by a Senate body led by the PPP Senator Farooq H Naek.