Justice Mansoor’s Letter: “26th Amendment Disrupted Judiciary’s Balance”

Islamabad: Senior Supreme Court Judge Justice Mansoor Ali Shah has expressed concerns that the 26th Amendment has disrupted the balance of the judiciary regarding judicial appointments. In a letter to Justice Jamal Mandokhel, Justice Mansoor emphasized that the rules governing the Judicial Commission are critical for maintaining judicial independence. He argued that without these rules, judicial appointments would be unconstitutional.
The letter further stated that Article 175(4) grants the Judicial Commission the authority to make rules, and that appointments made without such rules would violate constitutional principles. Justice Mansoor pointed out that the Judicial Commission, as it currently stands, has an imbalance, with the executive holding a majority, which increases the risk of politically motivated appointments.
Justice Mansoor Ali Shah also highlighted that judicial independence could only be ensured through transparent and clear rules for judicial appointments. In the letter, he shared his recommendations on the process of nominating judges to maintain the judiciary’s autonomy.