Islamabad, October 24,2024- The Ministry of Law and Justice has issued a clarification regarding the reconstitution of the Judicial Commission under the 26th Constitutional Amendment.
According to a statement released by the Ministry, the Judicial Commission will remain responsible for nominating judges for the formation of constitutional benches. However, the absence or vacancy of a commission member will not render the commission’s decision illegal. The ministry clarified that the Judicial Commission will nominate judges for constitutional benches, with the senior-most judge among the nominated judges serving as the head of the constitutional bench. This head will also be a member of the Judicial Commission.
If the head of a constitutional bench is already a member of the commission, the next senior judge will be appointed as a commission member. The statement further mentioned that the Judicial Commission will also form constitutional benches in high courts, and the creation of these benches will be conditional upon a resolution passed by the provincial assembly.
