|
175A.
| Appointment of Judges to 440[the Federal Constitutional Court,] 440 the Supreme Court, High Courts and the Federal Shariat Court.-
|
(1)
|
There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment
of Judges of 441[the Federal Constitutional Court,] 441 the Supreme Court, High Courts and the Federal Shariat Court, 442[and for performance evaluation of Judges of the High Courts] 442as hereinafter provided.
|
| |
443[
|
(2)
|
For appointment of Judges of 446[the Federal Constitutional Court and] 446 the Supreme Court, the Commission shall consist of-
447[
|
(i)
|
Chief Justice of the Federal Constitutional Court; |
|
(ii)
|
Chief Justice of the Supreme Court; |
|
(iii)
| Members
| one next most senior Judge each of the Federal Constitutional Court and the Supreme Court; |
|
(iiia)
| Member
| a Judge of the Federal Constitutional Court or the
Supreme Court jointly nominated by the Chief Justice of the Federal
Constitutional Court and the Chief Justice of the Supreme Court, for
a period of two years;
|
] 447
|
(iv)
| Member
| Federal Minister for Law and Justice; |
|
(v)
| Member
| Attorney-General for Pakistan; |
|
(vi)
| Member
| an advocate having not less than fifteen years of
practice in the Supreme Court to be nominated by the Pakistan Bar
Council for a term of two years;
|
|
(vii)
| Members
| two members from the Senate and two members from the
National Assembly of whom two shall be from the Treasury Benches,
one from each House, and two from the Opposition Benches, from each
House. The nomination from the Treasury Benches shall be made by
the Leader of the House and from the Opposition Benches by the
Leader of the Opposition:
Provided that during the time when the National Assembly
stands dissolved, the remaining two members, for the purpose of this
paragraph, shall be nominated from the Senate in the manner as
aforesaid, for such period;
|
448[
|
(viii)
| Member
| a woman or non Muslim or a technocrat, other than a
member of Majlis-e-Shoora (Parliament), who is qualified to be
member of the Majlis-e-Shoora (Parliament), to be appointed by the
Speaker of the National Assembly;
|
] 448
449[Explanation I.- The senior amongst the Chief Justice
of the Federal Constitutional Court and the Chief Justice of
the Supreme Court shall be the Chairperson of the
Commission. Their inter se seniority shall be determined with
reference to their dates of appointment as the Chief Justice
of the Federal Constitutional Court and the Chief Justice of
the Supreme Court otherwise than as Acting Chief Justice and
in case the dates of such appointment are the same, with
reference to their dates of appointment as Judges of the High
Courts.
Explanation II.- If a Judge may not be nominated under
paragraph (iiia), one nominee each of the respective Chief
Justices shall be placed before the Commission which shall,
by the majority of its total membership, nominate a Judge
under paragraph (iiia) from amongst the nominees.
Explanation III.- If the Chief Justice of the Supreme
Court or a Judge mentioned in paragraph (iii) is to be
nominated for appointment as a Judge of the Federal
Constitutional Court, the next most senior Judge, as the case
may be, shall act as a member of the Commission in his place.
Explanation IV.- If a Judge appointed under paragraph
(ilia) is a Judge of the Supreme Court and is to be nominated
for appointment as a Judge of the Federal Constitutional
Court, another Judge of the Federal Constitutional Court or
the Supreme Court shall be nominated under clause (iiia) or
Explanation II, as the case may be, to act as a member of the
Commission in his place.
] 449
|
| |
] 443 450[
|
(3)
|
Notwithstanding anything contained in clause (1), or clause
(2), 451[the
Chief Justice of the Federal Constitutional Court and the
Chief Justice of the Supreme Court] 451 shall be nominated by the
Special Parliamentary Committee, in this Article referred to
as the Committee, from amongst the three most senior
Judges of 452[the Federal
Constitutional Court or the Supreme Court, as the case may
be] 452. The Committee shall send the
name of the nominee to the Prime Minister who shall
forward the same to the President for appointment:
453[] 453
454[Provided that if the nominee under this clause
declines to become the Chief Justice, he shall be deemed to
have retired and the three next most senior Judges shall be
considered and so on till the appointment of the Chief Justice
of the Federal Constitutional Court or the Chief Justice of the
Supreme Court, as the case may be:
Provided further that notwithstanding anything
contained in the Constitution, the President shall, on advice
of the Prime Minister, appoint the first Chief Justice of the
Federal Constitutional Court from amongst the Judges of the
Supreme Court:
Provided also and notwithstanding anything contained
in the Constitution, the appointment of the first batch of
Judges of the Federal Constitutional Court, shall be made by
the President, on advice of the Prime Minister in consultation
with the Chief Justice of the Federal Constitutional Court:
Provided also that the second, third and this proviso
shall stand omitted on the appointment of the first Chief
Justice and the Judges under the above said provisos.] 454
|
| |
] 450 455[
|
(3A)
|
The Committee shall consist of the following twelve members, namely:-
|
(i)
|
eight members from the National Assembly; |
|
(ii)
|
and four members from the Senate: |
Provided that when the National Assembly stands dissolved, the total membership of the Committee shall consist of the members from
the Senate only mentioned in paragraph (ii) and the provisions of this Article shall, mutatis mutandis, apply.
|
| |
|
(3B)
|
The Parliamentary Parties shall have proportional representation on the Committee, based on their strength in Majlis-e-Shoora
(Parliament), to be nominated by their respective Parliamenatry Leaders. The Chairman and the Speaker of the National Assembly,
as the case may be, shall notify members of the Committee.
|
| |
|
(3C)
|
The Committee, by majority of not less than two-thirds of its total membership, within fourteen days prior to the retirement
of the Chief Justice of 456[the Federal Constitutional Court or the Chief Justice of the
Supreme Court, as the case may be] 456 shall send the nomination as provided in clause (3) 457[.] 457 458[] 458
|
| |
|
(3D)
|
No action or decision taken by the Commission or the Committee shall be invalid or called in question only on the ground of
existence of a vacancy therein or of the absence of any member from any meeting thereof.
|
| |
|
(3E)
|
The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained. |
| |
|
(3F)
|
The provisions of Article 68 shall not apply to the proceedings of the Committee. |
| |
|
(3G)
|
The Committee may make rules for regulating its procedure. |
| |
] 455 459[
|
(4)
|
The Commission 460[shall] 460 make rules regulating its procedure including the procedure and criteria for 461[interview,] 461 evaluation and fitness for appointment of Judges. |
| |
] 459
|
(5)
|
For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following, namely:-
|
(i)
| Member
| Chief Justice of the High Court to which the appointment is being made; |
|
(ii)
| Member
| 462[Head of Constitutional Benches of that High Court] 462; |
|
(iii)
| Member
| Provincial Minister for Law; and |
463[
|
(iv)
| Member
| an advocate having not less than fifteen years practice in the High Court to be nominated by the concerned Bar Council for
a term of two years 464[.] 464
|
] 463
465[Explanation.- If Head of Constitutional Benches of a High Court is the Chief Justice of that High Court, the Judge who is
next in seniority shall become member of the Commission:] 465
466[Provided futher that if for any reason the Chief Justice of a High Court is not available, he shall be substituted by a former Chief
Justice or former Judge of that Court, to be nominated by the 468[Commission] 468 469[.] 469] 466
|
| |
|
(6)
|
For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely:-
|
(i)
| Member
| Chief Justice of the Islamabad High Court; 472[] 472 |
|
(ii)
| Member
| 473[Head of Constitutional Benches of that High Court] 473 474[;] 474 |
475[
|
(iii)
| Member
| an advocate having not less than fifteen years of practice in the High Court to be nominated by the Islamabad Bar Council
for a term of two years; and
|
|
(iv)
| Member
| a Federal Minister nominated by the Prime Minister: |
] 475
Provided that for initial appointment of the 476[Chief Justice and the] 476 Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:
Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice 477[and the Judges] 477
of Islamabad High Court, the 478[Explanation and] 478provisos to clause (5) shall, mutatis mutandis, apply.
|
| |
|
(7)
|
For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also invlude the Chief Justice
of the Federal Shariat Court and the most senior Judge of that Court as its members:
Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos to clause (5) shall, mutatis mutandis, apply.
|
| |
479[
|
(8)
|
The Commission, by majority of its total membership, shall nominate one person for each vacancy of a Judge in the Supreme
Court, a High Court or the Federal Shariat Court, as the case may be, to the Prime Minister who shall forward the same to
the President for appointment.
|
| |
] 479 481[] 481
|
(11)
|
Secretary, 484[National Assembly] 484 shall act as the Secretary of the Committee. |
| |
485[] 485 491[
|
(18)
|
The Commission in clause (2) shall conduct an annual
performance evaluation of Judges of the High Courts.
|
| |
|
(19)
|
If the performance of a Judge of a High Court is found by
the Commission to be inefficient, it shall grant him such period for
improvement, as it deems appropriate. If, upon completion of the
period so granted, the performance of such Judge is again found to be
unsatisfactory, the Commission shall send its report to the Supreme
Judicial Council.
|
| |
492[
|
(20)
|
The Commission shall make rules for the purposes of
clauses (18) and (19) within sixty days of commencement of
the Constitution (Twenty-seventh Amendment) Act, 2025.
|
| |
] 492
|
(21)
|
For the purposes of this Article and subject to the
rules made by the Commission, there shall be a secretariat of the
Commission to be headed by a secretary and shall include such other
officers and staff, as may be necessary.
|
| |
|
(22)
|
One-third of the members of the Commission may requisition a meeting of the Commission by sending a written request to the
Chairperson who shall convene the meeting of the Commission not later than fifteen days from the receipt of such requisition.
If the Chairperson fails to convene a meeting within the aforesaid period, the secretary shall convene the meeting within
seven days of the expiry of the aforesaid period.
|
| |
|
(23)
|
For each anticipated or actual vacancy of a Judge in 493[the Federal Constitutional Court,] 493the Supreme Court, the Chief Justice of Federal Shariat Court, the Chief Justice of a High Court, a Judge in Federal Shariat
Court or a Judge in a High Court, any member of the Commission may give nominations in the Commission for appointment against
such vacancy.
|
| |
] 491 |
| |
]
430
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 19
(with effect from
November 13, 2025).
431
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 19
(with effect from
November 13, 2025).
433
Substituted by
Constitution (Ninetenth Amendment) Act, 2010, Section 3
(with effect from
January 1, 2011) for :
434[
Explanation:- The words "High Court" wherever occurring in the Constitution shall include the High Court for the Islamabad
Capital Territory.
] 434
436
Inserted by Constitution (Twenty-third Amendment) Act, 2017 (12 of 2017), Article 2
(with effect from
March 30, 2017).
437
The following was omitted by
Constitution (Twenty-First Amendment) Act, 2015, Section 1(3)
(with effect from
January 7, 2019) : :
438[Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts metnioned at
serial No. 6, 7, 8 and 9 of sub-part III or Part I of the First Schedule, who claims, or is known, to belong to any terrorist
group or organization using the name of religion or a sect.
Explanation:- In this proviso, the expression ‘sect’ means a sect of
religion and does not include any religious or political party regulated under
the Political Parties Order, 2002.
] 438
440
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(a)
(with effect from
November 13, 2025).
441
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(b)
(with effect from
November 13, 2025).
442
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(i)
(with effect from
October 21, 2024).
443
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(ii)
(with effect from
October 21, 2024) for :
|
(2)
|
For appointment of Judges of the Supreme Court, the Commission shall consist of--
|
(i)
| Chairman
| Chief Justice of Pakistan; |
|
(ii)
| Members
| 444[four] 444 most senior Judges of the Supreme Court; |
|
(iii)
| Member
| a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan,
in consultation with the 445[four] 445 member Judges, for a period of two years;
|
|
(iv)
| Member
| Federal Minister for Law and Justice; |
|
(v)
| Member
| Attorney-General for Pakistan; and |
|
(vi)
| Member
| a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years. |
|
| |
446
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(c)(i)
(with effect from
November 13, 2025).
447
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(c)(ii)
(with effect from
November 13, 2025) for :
|
(i)
| Chairperson
| Chief Justice of Pakistan; |
|
(ii)
| Member
| Presiding Judge; |
|
(iii)
| Members
| three most senior Judges of the Supreme Court; |
448
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(c)(iii)
(with effect from
November 13, 2025) for :
|
(viii)
| Member
| a woman or non-Muslim, other than a member of
Majlis-e-Shoora (Parliament), who is qualified to be a member of the
Senate as a technocrat, to be nominated by the Speaker of the National
Assembly for a term of two years.
|
449
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(c)(iv)
(with effect from
November 13, 2025) for :
Explanation.- If the Presiding Judge is the Chief Justice
of Pakistan or is from amongst the Judges in paragraph (iii) of clause
(2), the Judge who is next in seniority below the Judges referred in
paragraph (iii) of clause (2) shall become member of the
Commission.
450
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(iii)
(with effect from
October 21, 2024) for :
|
(3)
|
Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme
Court as the Chief Justice of Pakistan.
|
| |
451
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(d)(i)
(with effect from
November 13, 2025) for "the Chief Justice of Pakistan".
452
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(d)(i)
(with effect from
November 13, 2025) for "the Supreme Court".
453
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(d)(i)
(with effect from
November 13, 2025) : :
Provided that where the nominee under this clause
declines a Judge from the remaining Judges amongst the
three most senior Judges shall be considered and
nominated:
454
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(d)(ii)
(with effect from
November 13, 2025) for :
Provided further that where the nominee under first
proviso also declines the next most senior Judge if he is not
from amongst the three most senior Judges shall he
considered and nominated by the Committee and so on till
the nominee under this clause is appointment as the Chief
Justice of Pakistan.
455
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(iv)
(with effect from
October 21, 2024).
456
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 21(e)
(with effect from
November 13, 2025) for "Pakistan,".
457
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(e)
(with effect from
November 13, 2025) for ":".
458
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(e)
(with effect from
November 13, 2025) : :
Provided that the first nomination under clause (3), after commencement of the Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI
of 2024), shall be sent within three days prior to the retirement of the
Chief Justice of Pakistan.
459
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(v)
(with effect from
October 21, 2024) for :
|
(4)
|
The Commission may make rules regulating its procedure. |
| |
460
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(f)
(with effect from
November 13, 2025) for "may".
461
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(f)
(with effect from
November 13, 2025) for "assessment,".
462
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(A)
(with effect from
October 21, 2024) for "the most senior Judge of that High Court".
464
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(B)
(with effect from
October 21, 2024) for ":".
465
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(B)
(with effect from
October 21, 2024).
466
Substituted by
Constitution (Ninetenth Amendment) Act, 2010, Section 4(b)(ii)
(with effect from
January 1, 2011) for :
Provided that for appointment of Chief Justice of a High
Court, the most senior Judge of the Court shall be substituted by a
former Chief Justice or former Judge of that Court, to be nominated by
the Chief Justice of Pakistan in consultation with the two member
Judges of the Commission in clause (2):
Provided further that if for any reason the Chief Justice of
High Court is not available, he shall also be substituted in the
manner as provided in the foregoing proviso.
467
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(C)
(with effect from
October 21, 2024) for :
Provided that for appointment of the Chief Justice of a High Court the most Senior Judge mentioned in paragraph (ii) shall not be
member of the Commission:
468
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(D)
(with effect from
October 21, 2024) for "Chief Justice of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii) of clause
(2)".
469
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(E)
(with effect from
October 21, 2024) for ":".
470
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(g)
(with effect from
November 13, 2025) for :
471[Provided also that the amendments in paragraph (ii)
and first proviso shall take effect on coming into force of
Article 2O2A for the respective High Courts.
] 471
471
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(E)
(with effect from
October 21, 2024).
472
The following was omitted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(A)
(with effect from
October 21, 2024) : "and".
473
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(B)
(with effect from
October 21, 2024) for "the most senior Judge of that High Court".
474
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(B)
(with effect from
October 21, 2024) for ":".
475
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(C)
(with effect from
October 21, 2024).
477
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(h)
(with effect from
November 13, 2025).
478
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(D)
(with effect from
October 21, 2024).
479
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(viii)
(with effect from
October 21, 2024) for :
|
(8)
|
The Commission by majority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy
of a Judge in 480[the Federal Constitutional Court,] 480
the Supreme Court, a High Court or the Federal Shariat Court, as the case may be.
|
| |
480
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(i)
(with effect from
November 13, 2025).
481
The following was omitted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(ix)
(with effect from
October 21, 2024) : :
|
(9)
|
The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight
members, namely:-
|
(i)
|
four members from the Senate; and |
|
(ii)
|
four members from the National Assembly 482[:] 482 |
483[Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members
of the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis apply.] 483
|
| |
|
(10)
|
Out of the eight members of the Committee, four shall be from the Treasury Benches, two from each House and four from the
Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of
the House and from the Opposition Benches by the Leader of the Opposition.
|
| |
484
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(x)
(with effect from
October 21, 2024) for "Senate".
485
The following was omitted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(xi)
(with effect from
October 21, 2024) : :
|
(12)
|
The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within
fourteen days, failing which the nomination shall be deemed to have been confirmed:
486[Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-fourth majority of its total membership
within the said period:] 486
487[Provided further that if a nomination is not confirmed by the Committee it shall forward its decision with reasons so recorded to
the Commission through the Prime Minister:
Provided further that if a nomination is not confirmed, the Commission shall send another nomination.] 487
|
| |
488[
|
(13)
|
The Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who
shall forward the same to the President for appointment.
|
| |
] 488
|
(14)
|
No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of
the existence of a vacancy therein or of the absence of any member from any meeting thereof.
|
| |
489[
|
(15)
|
The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained. |
| |
|
(16)
|
The provisions of Article 68 shall not apply to the proceedings of the Committee. |
| |
] 489
|
490[(17)] 490
|
The Committee may make rules for regulating its procedure. |
| |
486
Substituted by
Constitution (Ninetenth Amendment) Act, 2010, Section 4(e)(i)
(with effect from
January 1, 2011) for :
Provided that the Committee may not confirm the nomination by three-fourth majority of its total membership within the said period,
in which case the Commission shall send another nomination.
488
Substituted by
Constitution (Ninetenth Amendment) Act, 2010, Section 4(f)
(with effect from
January 1, 2011) for :
|
(13)
|
The Committee shall forward the name of the nominee confirmed by it or deemed to have been confirmed to the President for
appointment.
|
| |
491
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(xii)
(with effect from
October 21, 2024).
492
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(j)
(with effect from
November 13, 2025) for :
|
(20)
|
The Commission may make separate rules for setting up effective standards for performance evaluation for the purpose of clauses
(18) and (19).
|
| |
493
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(k)
(with effect from
November 13, 2025).