26th Amendment disrupted balance in judicial appointments: Justice Mansoor
Pakistan
Justice Mansoor Shah writes letter to rules-making committee to consider issues
ISLAMABAD (Dunya News) - Supreme Court's senior judge Mansoor Ali Shah has written to Justice Jamal Mandokhail, head of the rules-making committee, urging an urgent revision of the judicial appointment process.
In the letter, Justice Shah noted that the judiciary historically played a pivotal role in appointments, but this balance had shifted significantly post-26th Amendment. “The executive’s enhanced role in appointments has disrupted the equilibrium,” he stated.
Justice Shah warned that even a single irregular appointment could erode public trust in the judiciary. To address this, he submitted detailed proposals to the committee, emphasising the need for rules that uphold judicial independence.
Citing Article 175(4) of the Constitution, he highlighted that the Judicial Commission had the constitutional mandate to develop such rules. Without them, he cautioned, the Commission’s proceedings on appointments could lose legitimacy.
He also expressed concerns over the judiciary’s minority position in the Commission after the amendment, warning that executive dominance risks politically influenced appointments.
Transparent and impartial rules, he stressed, were essential to safeguard judicial autonomy and public confidence.
