President & PM have no discretionary powers for judges appointment: Supreme Court

Thursday, January 31st, 2013 10:42:10 by

The Supreme Court on Thursday issued its response on the presidential reference on the issue of judges’ appointment.


A five-member bench of the Supreme Court has given its opinion on the presidential reference saying that president and prime minister has no role in appointment of judges to the superior courts.


The bench headed by Justice Arif Hussain Khilji while giving its opinion on 13-point presidential reference said under 18th and 19th amendment to the constitution, the president and the prime minister has no role in appointment of judges.


The court’s response constituting 102 pages responds to the 13 questions raised in the reference submitted by President Asif Ali Zardari. The court’s reply says that the president and the prime minister have no role with respect to the appointment of judges.


It added that after the passage of the 18th and 19th amendments, the president only enjoyed nominal authority on the matter, adding that the president was bound to approve the judicial commission’s recommendations.


Under the constitution it is binding on the president to accept recommendations of the judicial commission for the appointment of the judges for the superior courts.


The president under the constitution appoints chief election commissioner, a care taker prime minister and chief of army staff on the advice of the prime minister. Learned member of the bench Justice Ijaz Afzal khan has written a dissenting note to 102 page opinion on the presidential reference. The bench had reserved its opinion on December 23, last year.


The court had on Dec 21 reserved its reply on the presidential reference concerning the appointment of judges.

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