Government Considers Invoking Article 48: JCP Recommended 19 Additional Judges For Lahore Sindh Balochistan Islamabad High Courts On July 20-21. Summary Stuck At Presidency For Weeks. IHC Petition Filed. PHC Judges’ Terms Already Expired
According to Dawn, the federal government is considering notifying the appointment and confirmation of high court judges without President Asif Ali Zardari’s formal assent, as the president has not approved the summary forwarded by Prime Minister Shehbaz Sharif following recommendations by the Judicial Commission of Pakistan.
The JCP, in meetings held on July 20 and 21, recommended the appointment of 19 additional judges to various high courts, confirmed the services of four additional judges of the Peshawar High Court and one of the Lahore High Court, and extended the tenure of an additional judge of the Sindh High Court by six months. The Ministry of Law and Justice has been unable to notify the appointments as the presidential summary remains unapproved.
The government is examining whether Article 48(1) of the Constitution can be invoked to proceed, arguing the president was required to act within a fortnight of receiving the summary.
The Presidency has pushed back, citing Article 48(2) which empowers the president to act in discretion in matters where the Constitution so permits; arguing no fixed timeframe binds the head of state on judicial appointments.
The standoff has had real consequences: the term of an additional judge of the Sindh High Court has already expired, and four PHC judges faced a similar situation within days.
A president’s constitutional silence is not a legal option. But whose interpretation of the Constitution is correct is now the Islamabad High Court’s problem.
Check out our previous coverage of Pakistan on The Trusted Times.
