Judges debate JCP authority, bench set-up | The Express Tribune
Key Takeaways
- The Supreme Court's larger bench is hearing petitions against the 26th Constitutional Amendment concerning the JCP's powers.
- A central debate involves whether the SC can issue a judicial order directing the JCP on the composition of constitutional benches.
- Justice Ayesha Malik cited Article 191-A, arguing the JCP has the power to nominate judges for constitutional benches without restriction.
- Justice Aminuddin Khan questioned the court's authority to order the JCP to include specific judges, viewing its proceedings as internal.
- The discussion touched upon established procedures, such as the judges' committee deciding bench formation via majority vote.
An eight-member larger bench of the Supreme Court, presided over by Justice Aminuddin Khan, conducted a hearing on petitions challenging the 26th Constitutional Amendment, centering on the scope of the Judicial Commission of Pakistan's (JCP) powers concerning constitutional bench formation. During the proceedings, Justice Musarrat Hilali noted the potential involvement of Justice Aminuddin Khan if certain judges were excluded, while Justice Muhammad Ali Mazhar pointed out shifts in counsel Abid Zuberi's arguments regarding judicial orders versus directions to the commission. Justice Ayesha Malik asserted that Article 191-A empowers the JCP to nominate judges for constitutional benches without restriction and suggested the current bench could direct the commission to form a full court. However, Justice Aminuddin questioned the court's ability to mandate specific inclusions in the commission's internal proceedings, leading to a debate over whether the JCP is subordinate to the SC. Justice Jamal Khan Mandokhail referenced the typical process involving the judges' committee majority vote, and Justice Naeem Akhtar Afghan questioned if a judicial order could override the commission's voting mechanism.
