Extension of Supreme Court Constitutional Bench’s Tenure on Judicial Commission Meeting Agenda

The agenda for today’s Judicial Commission meeting, chaired by Chief Justice Yahya Afridi, includes discussions on extending the tenure of the Supreme Court’s Constitutional Bench. The current tenure of the bench is set to expire on January 4, 2025. It is worth noting that this bench was initially constituted by the Judicial Commission for a period of two months.

Meanwhile, ahead of the meeting, senior Supreme Court judge Justice Mansoor Ali Shah has written another letter to the Judicial Commission’s Secretary. In the letter, Justice Shah emphasized the need for a defined mechanism for appointing judges to the Constitutional Bench. He suggested that parameters such as the number of constitutional interpretation decisions written by a judge could serve as a criterion for inclusion.

Justice Shah also proposed establishing rules for determining the number of judges on the bench and their selection process. He raised objections to involving intelligence agencies in the appointment process, citing the potential for misuse. He remarked, “If intelligence agencies are given a role, it could lead to abuse. The Judicial Commission already has a majority representation of the executive branch.”

In his letter, Justice Mansoor Ali Shah reiterated that his recommendations on the rules are contingent on amendments and the commission’s constitutional authority being clarified. He further stated that the 26th Constitutional Amendment requires a full court review before final decisions are made.

Justice Shah underscored the importance of the judiciary’s role in protecting and upholding the Constitution, asserting that any rules for judicial appointments should reflect this commitment. His letter adds a significant dimension to the discussions expected at today’s Judicial Commission meeting.