Govt weighs judge notifications without Zardari assent

The federal government is weighing whether it can move ahead with the notification of high court judges appointed and confirmed on the recommendation of the Judicial Commission of Pakistan, even though President Asif Ali Zardari has not yet formally approved the summary, according to sources cited by Dawn.

The development comes after the JCP met on July 20 and 21 and recommended 19 additional judges for various high courts. It also confirmed the services of four additional judges of the Peshawar High Court and one additional judge of the Lahore High Court, while extending the tenure of an additional judge of the Sindh High Court by six months.

According to the feed details, the Law Ministry has not issued the relevant notifications because the presidential approval process remains incomplete. Officials are now reviewing whether Article 48(1) of the Constitution could be used to issue the notifications despite the delay.

The government’s thinking rests on the view that the president was required to act on the summary within a fortnight of its submission. Since that period has passed, sources said, the authorities believe there may be room to proceed with the appointments.

The delay has already created practical difficulties. Four additional judges of the Peshawar High Court, whose services were confirmed by the JCP, stopped holding office after their tenure expired on August 4 because the formal notification had not been issued. The feed also notes that the extended term of an additional judge of the Sindh High Court was due to run for another six months under the JCP decision.

Presidency sources, however, have warned that bypassing the usual process could lead to complications. That warning suggests the issue is not only administrative but also constitutional, with the timing and manner of the notifications now under scrutiny.

The matter has also reached the Islamabad High Court, which reserved its verdict on a plea challenging the delay in notifying the appointments. The case adds another layer of pressure on the government as it considers its next step.

For now, the situation remains unsettled. The JCP has already made its recommendations, but the appointments cannot be fully implemented until the notification question is resolved. The government’s review of Article 48(1) appears to be an attempt to avoid further disruption in the high courts while navigating the presidential assent issue.

As reported by Dawn, the dispute centres on procedure, timing and the legal effect of the delayed approval. Any decision to notify the judges without the president's formal assent could shape the immediate functioning of the high judiciary and potentially invite further legal or institutional challenges.

FAQ

What is the issue in the judges appointment case?

The federal government is considering whether it can notify several high court judge appointments and confirmations before President Asif Ali Zardari formally approves the summary.

What did the Judicial Commission of Pakistan recommend?

The JCP recommended 19 additional judges for high courts, confirmed several judges in the Peshawar and Lahore high courts, and extended one judge's tenure in the Sindh High Court.

Why is the delay significant?

The delay has already affected at least four judges in the Peshawar High Court, whose tenure expired before the notifications were issued.