Judicial reforms shape SC's first constitutional bench
Following Pakistan's 26th Constitutional Amendment, a seven-member constitutional bench has been established at the Supreme Court, led by Justice Aminuddin Khan.
ISLAMABAD: The Judicial Commission on Tuesday formed a seven-member constitutional bench at the Supreme Court, led by Justice Aminuddin Khan, in line with the 26th Constitutional Amendment passed by parliament last month.
This newly structured commission held its first meeting under Chief Justice Yahya Afridi, where the bench was constituted with a close 7-5 vote. The Practice and Procedure Committee will handle bench formations and the case schedule.
The constitutional bench includes Justice Aminuddin Khan and Justice Ayesha Malik from Punjab, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan from Balochistan, Justice Muhammad Ali Mazhar and Justice Hasan Azhar Rizvi from Sindh, and Justice Musarrat Hilali from Khyber-Pakhtunkhwa.
Passed on October 21, the 26th Constitutional Amendment brings broad judicial reforms, altering how chief justices are appointed and reshaping the commission responsible for nominating Supreme Court and high court judges.
For the first time, the amendment was enacted following Chief Justice Qazi Faez Isa’s retirement, with a parliamentary committee appointing Justice Afridi as the new chief justice. It also mandates the establishment of constitutional benches at the Supreme Court and high courts.
Before the amendment, the Judicial Commission was led by the chief justice and included senior justices from the Supreme Court and high courts, along with the law minister, attorney general, and representatives from lawyer bodies. Now, five parliamentarians are part of the commission. Last week, the National Assembly speaker and Senate chairman forwarded their nominations to the Judicial Commission's secretary.
Senate Chairman Yousaf Raza Gillani nominated PPP’s Farooq H. Naek and PTI’s Shibli Faraz, while National Assembly Speaker Ayaz Sadiq appointed PTI’s Omar Ayub, PML-N’s Sheikh Aftab, and lawmaker Roshan Brocha.
In addition to lawmakers, the meeting included Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Aminuddin Khan, Law Minister Azam Nazir Tarar, Attorney General Mansoor Usman Awan, and Pakistan Bar Council (PBC) representative Akhtar Hussain. The main agenda was to set up the constitutional bench. Some members suggested convening a full court prior to the constitutional bench, while one commission member recommended appointing judges unaffected by the 26th Amendment.
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