(1)
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There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment
of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.
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(2)
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For appointment of Judges of the Supreme Court, the Commission shall consist of--
(i)
| Chairman
| Chief Justice of Pakistan; |
(ii)
| Members
| 408[four] 408 most senior Judges of the Supreme Court; |
(iii)
| Member
| a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan,
in consultation with the 409[four] 409 member Judges, for a period of two years;
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(iv)
| Member
| Federal Minister for Law and Justice; |
(v)
| Member
| Attorney-General for Pakistan; and |
(vi)
| Member
| a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years. |
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(3)
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Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme
Court as the Chief Justice of Pakistan.
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(4)
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The Commission may make rules regulating its procedure. |
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(5)
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For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following, namely:-
(i)
| Member
| Chief Justice of the High Court to which the appointment is being made; |
(ii)
| Member
| the most senior Judge of that High Court; |
(iii)
| Member
| Provincial Minister for Law; and |
410[
(iv)
| Member
| an advocate having not less than fifteen years practice in the High Court to be nominated by the concerned Bar Council for
a term of two years:
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] 410
411[Provided that for appointment of the Chief Justice of a High Court the most Senior Judge mentioned in paragraph (ii) shall not be
member of the Commission:
Provided futher that if for any reason the Chief Justice of a High Court is not available, he shall be substituted by a former Chief
Justice or former Judge of that Court, to be nomicated by the Chief Justice of Pakistan in consultation with the four member
Judges of the Commission mentioned in paragraph (ii) of clause (2).] 411
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(6)
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For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely:-
(i)
| Member
| Chief Justice of the Islamabad High Court; and |
(ii)
| Member
| the most senior Judge of that High Court |
Provided that for initial appointment of the 412[Chief Justice and the] 412 Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:
Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos
to clause (5) shall, mutatis mutandis, apply.
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(7)
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For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also invlude the Chief Justice
of the Federal Shariat Court and the most senior Judge of that Court as its members:
Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos to clause (5) shall, mutatis mutandis, apply.
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(8)
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The Commission by majority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy
of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be.
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(9)
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The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight
members, namely:-
(i)
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four members from the Senate; and |
(ii)
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four members from the National Assembly 413[:] 413 |
414[Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members
of the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis apply.] 414
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(10)
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Out of the eight members of the Committee, four shall be from the Treasury Benches, two from each House and four from the
Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of
the House and from the Opposition Benches by the Leader of the Opposition.
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(11)
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Secretary, Senate shall act as the Secretary of the Committee. |
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(12)
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The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within
fourteen days, failing which the nomination shall be deemed to have been confirmed:
415[Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-fourth majority of its total membership
within the said period:] 415
416[Provided further that if a nomination is not confirmed by the Committee it shall forward its decision with reasons so recorded to
the Commission through the Prime Minister:
Provided further that if a nomination is not confirmed, the Commission shall send another nomination.] 416
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