New constitutional bench approved in Pakistan's divided Judicial Commission vote
Chief Justice Yahya Afridi presides over commission’s first meeting, forming a new constitutional bench led by Justice Aminuddin Khan
Chief Justice Yahya Afridi presiding over a meeting of Judicial Commission of Pakistan at Supreme Court in Islamabad on Tuesday, November 5, 2024.
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Seven-member bench will be led by Justice Aminuddin Khan, following a narrow 7-5 majority decision
CJ Afridi, justices Mansoor and Munib, opposition PTI’s Omar Ayub and Shibli Faraz oppose appointment of Justice Aminuddin
Bench will represent a balance among Pakistan’s provinces, with Punjab, Sindh, Balochistan, and KP each having equal representation
Establishment of constitutional benches follows recent amendment to Article 191-A through 26th Constitutional Amendment
In its first meeting since Chief Justice Yahya Afridi took office, the recently restructured Judicial Commission of Pakistan (JCP) on Tuesday approved the creation of a seven-member constitutional bench.
The bench, tasked with hearing cases of original, appellate, and advisory jurisdiction, will be led by Justice Aminuddin Khan, following a narrow 7-5 majority decision. The vote highlighted divisions within the commission.
Chief Justice Afridi, along with justices Mansoor Ali Shah, Munib Akhtar, the opposition Pakistan Tehreek-e-Insaf's (PTI) MNA Omar Ayub, and Senator Shibli Faraz, opposed the appointment of Justice Khan as the bench head.
However, their dissent was overruled, with the remaining commission members supporting the formation of the bench as proposed.
According to an official statement, the bench will represent a balance among Pakistan’s provinces, with Punjab, Sindh, Balochistan, and Khyber Pakhtunkhwa (KP) each having equal representation.
The bench includes Justice Khan and Justice Ayesha Malik from Punjab, Justice Muhammad Ali Mazhar and Justice Hassan Azhar Rizvi from Sindh, Justice Jamal Mandokhail and Justice Naeem Akhtar Afghan from Balochistan, and Justice Musarrat Hilali from KP.
The restructured Judicial Commission convened with key figures, including Justice Shah, Justice Akhtar, and Justice Khan. Parliamentary representation included Senator Farooq H Naek, MNAs Sheikh Aftab Ahmad and Omar Ayub, and Senator Faraz.
Law Minister Azam Nazeer Tarar, Attorney General Mansoor Usman Awan, and Pakistan Bar Council representative Akhtar Hussain were also present.
The commission also discussed the establishment of a dedicated Secretariat to support and perform its function and, after thorough consideration, the commission authorized the chairman to proceed with its rule making and establishment.
The establishment of constitutional benches follows the recent amendment to Article 191-A, which mandates the formation of such a bench within Pakistan's Supreme Court to ensure equitable provincial representation.
“There shall be a constitutional bench of the Supreme Court, which may comprise an equal number of judges from each province,” the amended article specifies.
The creation of these benches, along with changes to the selection process for the chief justice, was part of the controversial 26th Constitutional Amendment. This amendment, which was passed by the parliament on October 21 with a two-thirds majority, reshapes the structure of judicial appointments and aims to streamline the apex court’s handling of significant constitutional cases.
The 26th Amendment has expanded the Judicial Commission to 13 members, tasked with appointing judges for the Supreme Court, high courts, and the Federal Shariat Court. With these adjustments, the commission and its constitutional benches will play a pivotal role in the country’s judicial landscape.
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