Pakistan

Judicial Commission Risks Political Appointments Due to Executive Majority, Justice Mansoor Warns

Islamabad: Senior-most Supreme Court judge, Justice Mansoor Ali Shah, has raised concerns over the growing influence of the executive in judicial appointments following the 26th Constitutional Amendment. In a letter sent to Justice Jamal Mandokhail, the head of the Rules Making Committee, Justice Mansoor warned that the current structure of the Judicial Commission, where the executive now holds a majority, significantly increases the risk of political influence in judicial appointments.
Justice Mansoor highlighted that the balance of power in judicial appointments has shifted since the 26th Amendment, which reduced the judiciary’s role and empowered the executive. He emphasized that judicial appointments must be made based on strict, transparent rules to ensure the independence of the judiciary and maintain public trust.
In his letter, Justice Mansoor referred to Article 175(4) of the Constitution, which grants the Judicial Commission the authority to create its own rules. He stressed that without clear and stringent guidelines, any appointment made under the current structure could undermine confidence in the judiciary. He further stated that the judicial independence is crucial for the health of the legal system and that the presence of an executive majority in the Judicial Commission could lead to appointments driven by political considerations rather than merit.
Justice Mansoor’s concerns reflect broader fears that, with the executive holding more power in the Judicial Commission, the process of judicial appointments may become more politically motivated, jeopardizing the neutrality and independence of the judiciary.

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