Law: Constitution of Pakistan, 1973

Section: 175-A,193

Law: Land Reforms Regulation, 1972

Section: 3

Law: Judicial Commission of Pakistan Rules, 2010

Section: 3(2)

Constitution of Pakistan, 1973-- ----Art. 175-A 193--Law Reforms Ordinance, (XII of 1972), S. 3--Appointment of judges--Mechanism for appointment of judges to Supreme court, High court and Federal Shariat Court--Contention that all appointments made without calling for applications, written examination and interview are wholly arbitrary and void in tersms of article 8 of constitution--Legislature through Eighteenth Amendment brought Article 175-A in constitution whereby Judicial Commission of Pakistan has been created--Despite of all his earnest efforts, he has failed to substantiate his argument to his efforts--Commission by majority of its total membership shall nominate to Parliamentary committee one person for each vacancy of a judge in superior judiciary; where after Parliamentary Committee shall also delve and pardon upon issue--Process or mode suggested by appellant cannot be pressed into service for said purpose as it will amount to intrude constitutional mandate--Petition was dismissed. Judicial Commission of Pakistan Rules, 2010-- ----R. 3(2)--Judicial commission made the Judicial commission of Pakistan rules, 2010 in exercised of powers conferred by clause(4) of Article 175-A of the constitution. ORDER The appellant considering Rule 3(2) of the Judicial Commission of Pakistan Rules, 2010 as ultra vires to the provisions of the Constitution of the Islamic Republic of Pakistan, 1973, filed constitutional petition (Writ Petition No. 5366 of 2019), with the following prayer: “It is, therefore, respectfully prayed that Rule 3(2) of the Judicial Commission Rules, 2010 which provides for nomination to the posts of judges of the High Courts is violative of Article 25, 2-A, 193(2)(a) and all appointments made without calling for applications, without written examination and interview is wholly arbitrary and nepotistic based on personal likes and dislikes of the Chief Justice are void in view of Article 8 of the Constitution being inconsistent with Fundamental Right enshrined in Article 25 of the Constitution. It is further prayed that all appointments to be made in future be not made without inviting applications, written examination and interview and as they…

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