The Speaker of Pakistan's National Assembly has sent five parliamentary nominations to the Judicial Commission to formalize the updated process for appointing judges to the higher judiciary.
These nominations follow the procedural changes introduced under the recently passed 26th Constitutional Amendment.
The key nominees from the NA include Omar Ayub, the opposition leader from the Pakistan Tehreek-e-Insaf (PTI), and Sheikh Aftab, from the ruling Pakistan Muslim League-Nawaz (PML-N). From the Senate, Pakistan Peoples Party’s (PPP) Farooq H. Naik from the government benches and Shibli Faraz from the opposition have been chosen.
Additionally, Roshan Khursheed Bharucha has been nominated for the reserved seat for women. She is a former Senator hailing from Balochistan. According to the constitution, a female member of parliament is to be selected for the commission from outside the assembly.
A copy of the letter written to the Registrar of the Supreme Court of Pakistan for the nomination of National Assembly members to the Judicial Commission, on November 2, 2024.National Assembly Secretariat
According to documents received by Nukta, Legal Adviser Muhstaq Ahmed, on behalf of the National Assembly Secretariat, wrote two letters to the Supreme Court Registrar and Secretary Judicial Commission Jazeela Aslam.
One letter nominates a government and an opposition member from the National Assembly, while the other designates a female member for a specific reserved seat.
National Assembly spokesperson Zafar Sultan confirmed the names as representatives of both the government and the opposition.
A copy of the letter written to the Registrar of the Supreme Court of Pakistan for the nomination of Roshan Khursheed Bharucha, on a reserved seat, in the Judicial Commission, on November 2, 2024.National Assembly Secretariat
The nominations, forwarded to the Supreme Court Registrar, were decided after consultation with Senate Chairman Yusuf Raza Gilani and parliamentary leaders. The Senate Chairman, also the Acting President, issued nominations on the recommendations of the Leader of the House and Leader of the Opposition.
26th constitutional amendment
Pakistan’s parliament passed a contentious constitutional amendment bill in the early hours of October 21, following weeks of delays and opposition protests. Both the Senate and National Assembly held marathon debates leading up to the vote.
Prime Minister Shehbaz Sharif’s administration had been attempting to pass the set of constitutional changes, which the opposition and legal experts argued will give the executive greater control over judicial appointments. The government denied these claims, insisting the amendments are necessary reforms.
The bill proposed that the appointment of Pakistan’s chief justice will be made by a 12-member parliamentary committee for a three-year term. The top judge will retire upon reaching the age of 65, according to the draft amendment.
The bill would also allow for the establishment of constitutional benches within the Supreme Court and in provincial courts. The nomination for judges for this bench would be done by the re-formed Judicial Commission.
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