Law: Constitution of Pakistan, 1973

Section: 176,177,180,181,182,193,193(1),196,197,2 03C,203GG,227

(a) Constitution of Pakistan (1973). ---- Arts. 177 & 193 --- Appointment of Supreme Court and High Court Judges-- Appointment of a Judge has to be transparent so that the litigant public and people at large have faith in the independence of Judiciary --- Appointment of a Judge and the mode and manner in which he is appointed has close nexus with the independence of Judiciary and cannot be separated from each other --- Words "after consultation" employed in Arts. 177 & 193 of the Constitution of Pakistan connote that the consultation should be effective, meaningful, purposive, consensus oriented, leaving no room for complaint of arbitrariness or unfair play and involving participatory consultative process between the consultees and also with the executive --- Constitutional conventions can be pressed into service while construing a provision of the Constitution --- Acting Chief Justice, however, is not a consultee as envisaged by Arts. 177 & 193 of the Constitution and, therefore, mandatory Constitutional requirement of consultation is not fulfilled by consulting an Acting Chief Justice except in cases where the permanent Chief Justice concerned is unable to resume his functions within 90 days from the date of commencement of his sick leave because of his continuous sickness --- Opinion of the Chief Justice of Pakistan and the Chief Justice of High Court as to the fitness and suitability of a candidate for judgeship is ' entitled to be accepted in -the absence of very sound reasons to be recorded by the President/Executive --- Consultation for the appointment/ confirmation of a Judge of a Superior Court by the President/Executive with the consultees mentioned in Arts. 177 and 193 of the Constitution being mandatory, any appointment/confirmation made without consulting any of the consultees as interpreted herein, would be violative of the Constitution and, therefore, would be invalid --- If the President/Executive appoints a candidate found to be unfit and unsuitable for judgeship by the Chief Justice of Pakistan and the Chief Justice of the High Court concerned, that will not be a proper exercise of power under the relevant Article of the…

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