Justice Syed Mansoor Ali Shah, a senior judge, has raised serious concerns about the state of Pakistan’s judiciary, calling it one of its weakest phases and warning of potential risks from excessive executive control.
In a letter dated December 12 to Justice Jamal Khan Mandokhail, Chairman of the Judicial Commission of Pakistan’s (JCP) rules-making committee, Justice Shah highlighted the lack of formal rules for appointing judges to constitutional courts. He pointed out that the judiciary has traditionally held a dominant role in this process, but this balance has been disrupted by the 26th Constitutional Amendment, which gives the executive a majority in the JCP.
He warned that this shift could lead to political appointments and the appointment of judges who do not fully support the rule of law. He expressed concern that the absence of clear rules could undermine judicial independence and threaten the democratic system.
Justice Shah reminded the JCP that the Constitution explicitly requires the commission to establish clear rules for judge appointments. Without such rules, he argued, the appointment process would be unconstitutional. He cautioned that, in the absence of these rules, there is a risk of outside influence, which could compromise the judiciary and allow for appointments that serve partisan interests rather than uphold constitutional principles.
He urged that no judicial appointments should be made until the rules are finalized and approved by the JCP, stressing that a well-defined process is crucial for maintaining public trust in the judiciary as an impartial institution committed to justice and democratic values. He warned that rushing the process could have long-term negative effects on the judiciary.
Justice Shah’s letter follows the Chief Justice’s decision to form a committee to draft these rules. The committee, led by Justice Mandokhail, has been tasked with finalizing the rules by December 15. Justice Shah emphasized that any judicial appointments made without clear, transparent rules would weaken public confidence and jeopardize the judiciary’s independence.
