December 21, 2024

Background

Justice Mansoor Ali Shah of Pakistan’s Supreme Court has called for a comprehensive review of the process for appointing judges, emphasizing the need for transparency and meritocracy to uphold judicial independence.

Key Concerns

Justice Shah highlighted several issues within the current appointment system:

  • Lack of Transparency: The existing process lacks openness, leading to questions about the criteria for selecting judges.
  • Merit-Based Selection: Emphasizing the importance of appointing judges solely on merit, Justice Shah stated, “The appointment process has to be state of the art.”
  • External Interference: He stressed the necessity of insulating the judiciary from external influences, asserting, “There can be no external interference in our affairs.”

Proposed Reforms

To address these concerns, Justice Shah proposed several reforms:

  • Enhanced Supreme Judicial Council (SJC): Strengthening the SJC to effectively address issues of incompetence and corruption within the judiciary.
  • Adoption of Technology: Incorporating technology and artificial intelligence to streamline judicial processes and improve efficiency.
  • Alternative Dispute Resolution (ADR): Promoting ADR mechanisms to reduce the burden on courts and provide expeditious justice.

Gender Representation

Justice Shah also underscored the need for greater gender representation in the judiciary, noting that women bring valuable perspectives that can enrich jurisprudence. He stated, “We have to increase this, we have to take special steps towards this.”

Justice Mansoor Ali Shah’s advocacy for reforms reflects a commitment to strengthening Pakistan’s judicial system. Implementing these changes could enhance public trust and ensure the judiciary operates independently and efficiently.