Since Pakistan’s independence in 1947, the country has struggled to establish clear and objective criteria for appointing judges to its High Courts, Supreme Court, (and the Federal Shariat Court).

Expectations were high that with Qazi Faez Isa, a proponent of amending Rule 3 of the Judicial Commission of Pakistan, these criteria would be revised to foster transparency and uphold justice.

However, these amendments have yet to be implemented, highlighting a significant gap in Pakistan’s judicial appointment process and impeding the development of a more accountable and democratic judicial system.

Historically, during the British Raj, the judicial appointment process evolved significantly. Initially, judges were appointed by the Crown and served at its pleasure, with appointments based on a mix of professional qualifications and experience in legal practice or civil service.

The Regulating Act of 1773 and subsequent reforms further defined the qualifications and appointment processes for judges in India, which later influenced judicial practices in Pakistan.

After independence, the 1956 and 1962 Constitutions of Pakistan designated the President as the primary authority for judicial appointments, requiring consultations with the Chief Justice for appointing Supreme Court judges.

Judges were to be Pakistani citizens with substantial experience either as High Court judges or advocates. Despite these provisions, the process remained heavily influenced by the President, with additional oversight mechanisms introduced over time, such as the Supreme Judicial Council to address judicial misbehavior or incapacity.

Overall, the judicial appointment system has evolved from colonial roots into a complex structure under Pakistani governance, yet it still faces significant challenges in achieving the independence and objectivity expected in a modern judiciary.

The 1973 Constitution of Pakistan did not significantly alter the criteria for the appointment of judges, maintaining qualifications similar to those outlined in the previous constitutions.

Notably, Article 177 allowed for the appointment of a Chief Justice and other Supreme Court judges without adhering to a principle of seniority, and even permitted the appointment of retired judges or advocates who had never served on a High Court bench.

Prior to the 18th Amendment, the appointment of judges in Pakistan was significantly influenced by the prevailing political powers. From independence in 1947 until the rise of Ayub Khan in 1958, the country was dominated by a civil bureaucracy born out of the British Raj. This bureaucracy viewed the populace as subjects (Riaayaa) and carried forward a colonial mindset, influencing judicial appointments to........

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