MPs’ body approves amendments for judges appointment to superior courts

ISLAMABAD: The Parliamentary Committee on Appointment of Judges to Superior Courts unanimously approved amendments to the relevant provision of the Constitution regarding judiciary, proposed by committee chairman Senator Farooq H Naek.

The parliamentary committee meeting was held here at the Parliament House, on Tuesday. The approved amendment were related to the appointment of judges to the Supreme Court (SC), which will be made in accordance with their seniority, determined with reference to their date of appointment as a high court judge, suo moto powers of the Supreme Court, enhancing the retirement age of a judge of high court from 62 to 65 years, and parliamentary committee confirmation for appointment of ad hoc judge.

The committee also approved an amendment to clause 3 of the Article 184 of the Constitution, according to which when the suo moto powers in the human rights case are exercised by the SC, the case would be heard by three judges of the apex court, and an appeal against the order could be filed within 30 days, to be decided by five judges of the SC within 60 days.

It was further decided that if an appeal against an order under the Article had been made, the order appealed against shall not be implemented till pending decision on the appeal.

The committee approved an amendment to 175(A) of the Constitution that the appointment of judges to the SC would be made in accordance with their seniority, which would be determined with reference to their date of appointment as a judge of the high court. And in case the dates of the appointment of judges are the same, then the decision would be made on the basis of their age.

The amendment to Article 175A pertains to the appointment of judges to the Supreme Court, which was purposed to be done in according with their seniority calculated from their date of appointment as a judge of a high court.

The committee also approved the amendment to Article 181 and 182 to ensure that the ad-hoc/acting judges in the Supreme Court would be appointed subject to confirmation by the parliamentary committee on judges’ appointments to the superior courts.

The parliamentary committee also approved the recommendation that age of retirement of a high court judge would be enhanced from 62 years to 65 years, as in the case of an SC judge.

The committee also approved an amendment to Article 209 of the Constitution and decided that a reference on account of misconduct against a judge of the superior judiciary would be decided by the Supreme Judicial Council (SJC) within 90 days.

The committee also discussed Article 175-A of the constitution dealing with manner of the appointment of judges of the SC and composition of the SJC. It was decided that the issue would be further deliberated upon in the next meeting of the committee. The committee decided to invite the federal minister for law and justice in its next meeting.

Chairman Parliamentary Committee on Appointment of Judges to Superior Courts Senator Farooq H Naek told The News all amendments were approved with consensus. “I had drafted the amendments which were supported by all members of the committee,” he said.

He said there were two options whether to bring these amendments as a private member bill or make a request to the law minister to bring it as a government bill in the Senate, as these amendments were passed by all members including those from the PTI and its allies. “We have decided to invite the law minister in the next meeting of the committee for the purpose,” he said.

Providing details of the amendments, he said the amendment to Article 183(1) updated the transitory provision and Article 183(3) had been omitted being now redundant. Farooq H Naek said the amendments to Articles 196 and 197 provide for clarity in appointment of an acting chief justice and additional judges and include the role of the parliamentary committee.

The meeting was attended by senators Azam Nazir Tarar, Sarfraz Ahmed Bugti, MNAs Ali Muhammad Khan, Raja Pervaiz Ashraf, Rana Sanaullah Khan and Secretary Senate Mohammad Qasim Samad Khan.

However, the government authorities denied the news item appearing on private TV channel screens that the Parliamentary Committee on Appointment of Judges to Superior Courts had approved amendments to the relevant provisions of the Constitution.

Railways Minister Azam Khan Swati told a news channel that the Parliamentary Committee on Appointment of Judges was not authorised to present any amendment to the Constitution or approve it.

However, Minister of State for Parliamentary Affairs Ali Muhammad Khan said the amendments proposed by the parliamentary committee regarding judges’ appointment to superior courts would be presented in the house as a private member bill for their approval by the parliament.