Law: Constitution of Pakistan, 1973

Section:

Tag Line:

• Judiciary cannot be termed as establishment and quota on the basis of minority or gender cannot be allotted in it except as provided by the Rules of Judicial Commission of Pakistan under the purview of diversity.

CASE SUMMARY

Court: Lahore High Court
Judge: Chief Justice Aalia Neelum
Case Type: Writ Petition
Petition No.: 62097 of 2025
Subject: Quota for minorities in appointment of High Court judges

1. FACTS

• Petitioner requested that 5% quota for minorities be fixed in the superior judiciary to fill existing vacancies.

Reliance was placed on:

• PLD 2014 SC 699 (Supreme Court judgment)
• Rule 6 of the Judicial Commission of Pakistan (JCP) Rules

2. ISSUES

• Whether a 5% quota for minorities can be fixed in the superior judiciary.
• Whether such quota would be consistent with constitutional provisions and Judicial Commission Rules.

3. LAW & CONSTITUTIONAL PROVISIONS

Constitution of the Islamic Republic of Pakistan, 1973:

• Chapter 1, Part VII: Appointment of judges to High Courts.
• Article 175-A: Establishes the Judicial Commission of Pakistan (JCP) for appointments to Supreme Court, High Courts, and Federal Shariat Court.
• Clause (4): JCP may make rules for procedure, assessment, evaluation, and fitness of judges.

Rule 6, Judicial Commission of Pakistan Rules: