Law: Constitution of Pakistan, 1973

Section: 138.175,199,203,242

(a) Sindh Judicial Service Rules, 1994---R. 5---Constitution of Pakistan, Arts. 138. 175, 199, 203, 242---Judiciary, appointment to---Separation of powers, principle of---Notification dated 4-12-2008, gave Sindh Public Service Commission a significant and overbearing role in recruitment of Judges in Sindh Judicial Service---Validity---Process of appointment to judiciary must be scrutinized through lens of constitutional principles such as principle of separation of powers---Notification which had taken away the power of selection from High Court and gave it to Sindh Public Service Commission did not meet constitutional standards which had become part of jurisprudence---Method of making appointments of judicial officers attempted through a Notification had the effect of negating independence of judiciary and separation of powers envisaged in Arts.175 and 203 of the Constitution, because High Court was neither involved in selection of Judges nor in their appointment---Former function was meant to be performed by Sindh Public Service Commission and the latter by the Sindh Government---Sindh Public Service Commission to which certain functions of Provincial Government of Sindh had by law been delegated under Art.138 of the Constitution, had correctly been deemed by High Court as an executive authority---Commission was performing an executive function and for such reason, it could not be given task of making appointments to the Judicature---While it remained a part of Executive branch, for effective discharge of its duties, it had been provided certain degree of autonomy from political executive---Where such autonomy was unlawfully impinged upon by Executive in a given situation, the remedy was in rectifying the specific situation under Art.199 of the Constitution, rather than declaring an Executive body to be incompetent or to be acting mala fide---Supreme Court declined to interfere in passed by High Court---Appeal was dismissed. PLD 1996 SC 324, 429; Mehrain Ali and others v. Federation of Pakistan PLD 1998 SC 1445, 1474; Sh. Liaquat Hussain v. Federation of Pakistan PLD 1999 SC 504, 658; Sindh High Court Bar Association v. Federation of Pakistan PLD 2010 SC 879,…

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