Judicial Commission of Pakistan

Judicial Commission of Pakistan (informally JCP) is a commission for the appointment of Supreme Court and High Court Judges in Pakistan. The Chief Justice of Pakistan is the Chairman of JCP.

On 20th April 2010, 18th Constitutional Amendment was passed in the Parliament of Pakistan. In pursuance of the 18th Amendments, a Judicial Commission was proposed to be created to recommend the appointment of Judges of the Superior Courts in Pakistan. Following is the collective text of the Article 175 (A) which was inserted in the constitution of Pakistan through this amendment.

Article 175 A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court:

(1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.

(2) For appointment of Judges of the Supreme Court, the Commission shall consist of--- (i) Chief Justice of Pakistan - Chairman; (ii) four most senior Judges of the Supreme Court as Members; (iii) a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the [four] member Judges, for a term of two years - Member; (iv) Federal Minister for Law and Justice as Member; (v) Attorney-General for Pakistan as Member; (vi) a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years as Member.

(3) Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.

(4) The Commission may make rules regulating its procedure.......(5 to 7)

(8) The Commission by majority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be.

(9) The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight members, namely: (i) four members from the Senate; and (ii) four members from the National Assembly. Provided that when the National Assembly is dissolved, the total member-ship of the parliamentary Committee shall consist of the members from the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis, apply.

(10) Out of the eight members of the Committee, four shall be from the Treasury Benches, two from each House and four from the Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches by the Leader of the Opposition.

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