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The Judicial Commission of Pakistan (abbr. JCP) is a national commission for appointment of the superior judiciary, consisting of the Supreme Court, the Federal Shariat Court and the High Courts, of Pakistan. [1] The Chief Justice of Pakistan is the chairman of the commission.
On 20 April 2010, the 18th Constitutional Amendment was passed in the Parliament of Pakistan, which was later amended by the 19th Constitutional Amendment. [2] In pursuance of the amendments, a judicial commission was proposed to be created to recommend the appointment of Judges of the superior courts in Pakistan.
Through the 18th Amendment in 2010, Pakistan got two forums for appointment of judges to the superior judiciary: a Judicial Commission with representation from the judiciary, lawyers and the federal government, responsible for recommending names of respective judges; and a parliamentary committee to approve or reject these names but with assigning reasons if some name is rejected.
The 18th amendment also provided (Para 3 of Article 175A) that the president shall appoint the senior most judge of the Supreme Court to the office of the Chief Justice thus formally recognizing the principle of seniority and legitimate expectancy enunciated by the apex court in the Al-Jihad case and subsequently reiterated in some other cases. [3]
In October 2024, 26th amendment to the constitution was passed and membership of Judicial Commission has been changed. According to 26 th amendment to the constitution, Judicial Commission consists of 13 members, Chief Justice of Pakistan as chairman of Judicial Commission, 3 senior most justices of supreme court, senior most justice of constitutional bench,Federal Minister for Law,Attorney General for Pakistan, 2 members from National Assembly from National Assembly and 2 members of Senate whome two shall be nominated by Leader of House and 2 shall be nominated by Leader of Opposition,advocate to be nominated by Pakistan Bar Council for two years and a woman or non muslim nominated by Speaker of National Assembly.
Judicial Commission will select judges by simple majiority of total membership and names of selected judges will be recommended to Prime Minister for appointment , Prime Minister will send names of selected judges to President and President will appoint that judges to Supreme Court and High Courts.
The Politics of Pakistan takes place within the framework established by the constitution. The country is a federal parliamentary republic in which provincial governments enjoy a high degree of autonomy and residuary powers. Executive power is vested with the national cabinet which is headed by Prime Minister of Pakistan, who works with the bicameral parliament and the judiciary. Stipulations set by the constitution provide a delicate check and balance of sharing powers between executive, legislative, and judicial branches of the government.
The president of Pakistan is the head of state of the Islamic Republic of Pakistan. The president is the nominal head of the executive and the supreme commander of the Pakistan Armed Forces. The presidency is a ceremonial position in Pakistan. The president is bound to act on advice of the prime minister and cabinet. Asif Ali Zardari is the current president since 10 March 2024.
The Chief Justice of India (CJI) (ISO: Bhārat kē Mukhya Nyāyādhīśa) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outgoing chief justice in consultation with other judges, (as envisaged in Article 124 (2) of the Constitution) the next chief justice, who will serve until they reach the age of 65 or are removed by the constitutional process of impeachment.
The Supreme Court of Pakistan is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.
The chief justice of Pakistan is the chief judge of the Supreme Court of Pakistan and is the highest-ranking officer of the Pakistani judiciary.
The Government of Pakistan, constitutionally known as the Federal Government, commonly known as the Centre, is the national authority of the Islamic Republic of Pakistan, a federal republic located in South Asia, consisting of four provinces and one federal territory. The territories of Gilgit-Baltistan and Azad Kashmir are also part of the country but have separate systems and are not part of the federation.
The Constitutional Court of Korea is one of the highest courts—along with the Supreme Court—in South Korea's judiciary that exercises constitutional review, seated in Jongno, Seoul. The South Korean Constitution vests judicial power in courts composed of judges, which establishes the ordinary-court system, but also separates an independent constitutional court and grants it exclusive jurisdiction over matters of constitutionality. Specifically, Chapter VI Article 111(1) of the South Korean Constitution specifies the following cases to be exclusively reviewed by the Constitutional Court:
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
The Judiciary of Ghana comprises the Superior Courts of Judicature, established under the 1992 Constitution, and the Inferior Courts, established by Parliament. The hierarchy of courts derives largely from British juridical forms. The courts have jurisdiction over all civil and criminal matters.
The judiciary of India is the system of courts that interpret and apply the law in the Republic of India. The Constitution of India provides concept for a single and unified judiciary in India. India uses a mixed legal system based majorly on the common law system with civil laws applicable in certain territories in combination with certain religion specific personal laws.
The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.
The chief justice of the Democratic Socialist Republic of Sri Lanka is the head of the judiciary of Sri Lanka and the Supreme Court of Sri Lanka. Established in 1801, the chief justice is one of ten Supreme Court justices; the other nine are the puisne justices of the Supreme Court of Sri Lanka. The post was created in 1801. The chief justice is nominated by the Constitutional Council, and appointed by the president. The first chief justice was Codrington Edmund Carrington. The current acting chief justice is Murdu Nirupa Fernando.
The Eighteenth Amendment of the Constitution of Pakistan was passed by the National Assembly of Pakistan on April 8, 2010, removing the power of the President of Pakistan to dissolve the Parliament unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic, and renaming North-West Frontier Province to Khyber Pakhtunkhwa. It also gave self-governing, legislative and financial autonomy to provincial authorities. The package was intended to counter the sweeping powers amassed by the presidency under former presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq and to ease political instability in Pakistan. The bill reversed many infringements on the Constitution of Pakistan over several decades by its military rulers. The amendment bill was passed by the Senate of Pakistan on April 15, 2010 and it became an act of parliament when President Asif Ali Zardari signed the bill on April 19, 2010. It was the first time in Pakistan's history that a president relinquished a significant part of his powers willingly and transferred them to parliament and the office of the prime minister.
The Constitution of Kenya is the supreme law of the Republic of Kenya. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. The constitution was promulgated on 27 August 2010.
The Chief Election Commissioner is the authority and the appointed chair of the Election Commission of Pakistan— an institution constitutionally empowered to conduct free and fair elections to the national and provincial legislatures.
The Nineteenth Amendment to the Constitution of Pakistan is a 2011 amendment reforming the judicial appointments procedure as well as expanding the Federally Administered Tribal Areas (FATA).
The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme Court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.
Syed Mansoor Ali Shah is a Pakistani jurist who is serving as a Judge of the Supreme Court of Pakistan. He formerly served as the 45th Chief Justice of the Lahore High Court.
The Ninety-ninth Amendment of the Constitution of India, officially known as The Constitution Act, 2014, formed a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill. The amendment was struck down by the Supreme Court on 16 October 2015.
The Twenty-Sixth Amendment to the Constitution of Pakistan, known officially as the Constitution Act, 2024, is an amendment to the Constitution of Pakistan passed by Parliament in a 'marathon session' between 20–21 October, 2024. Coming into force with Presidential assent the same day. The amendment contains 27 clauses, which effect change in judicial, parliamentary and executive frameworks: modifying aspects of judicial appointments, judicial powers, and adjusting legal procedures. These include the removal of the controversial suo motu prerogative of the Supreme Court, the capping the Chief Justice of Pakistan's (CJP) tenure to three-years, the reconstitution the Judicial Commission of Pakistan (JCP) to sit on judicial appointments, the formation of a separate constitutional bench in the Supreme Court, the limiting of the ability of courts to question the recommendations from Cabinet to the President or Prime Minister, the increasing of Parliamentary oversight, and the establishment of a 12-member Special Committee in Parliament with proportional representation to nominate the CJP from the three most-senior judges in the court.