Simone Lawson
The 19th Amendment to the Constitution of Pakistan, passed in 2010, brought about significant changes to the country's judicial system and federally administered tribal areas. The amendment addressed the procedure for judicial appointments, transferring powers from the Chief Justice of Pakistan to the Judicial Commission of Pakistan (JCP). It also expanded the Federally Administered Tribal Areas (FATA) and made crucial alterations to Article 175-A, giving the parliamentary committee more influence over the appointment of judges. The amendment was a landmark achievement, dispelling fears of confrontation among state institutions and marking a shift towards individualism in the Supreme Court.
| Characteristics | Values |
|---|---|
| Date of proposal | 21 December 2010 |
| Date passed by National Assembly | 22 December 2010 |
| Date passed by Senate | 30 December 2010 |
| Date assented to by President | 1 January 2011 |
| Purpose | Reforming the judicial appointments procedure and expanding the Federally Administered Tribal Areas (FATA) |
| Changes | The amendment took powers from the Chief Justice of Pakistan for the appointment of ad hoc judges and transferred them to the Judicial Commission of Pakistan (JCP). The President now carries out the appointments on the recommendation of the JCP. The number of most senior judges in the JCP was increased from two to four. |
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What You'll Learn
The 19th Amendment was passed in 2010/2011
The 19th Amendment to the Constitution of Pakistan was passed in December 2010 and assented to by the President in January 2011. It was a significant milestone in the country's legal framework, addressing concerns raised by the Supreme Court regarding the previous amendment.
The amendment focused on two key areas: judicial appointments and the expansion of federally administered tribal areas (FATA). Firstly, it reformed the procedure for judicial appointments, taking powers away from the Chief Justice of Pakistan in appointing ad hoc judges and transferring them to the Judicial Commission of Pakistan (JCP). The JCP's composition was also modified, increasing the number of senior-most judges from two to four, with the federal law minister, attorney general, and a representative from the Pakistan Bar Council (PBC) also included. The prime minister was also given a role in the appointment procedure, with the parliamentary committee sending confirmed nominees to them before forwarding them to the president.
The 19th Amendment also expanded the Federally Administered Tribal Areas (FATA), with the tribal areas adjoining the Lakki Marwat and Tank districts becoming part of FATA. This expansion was a notable development in the country's governance and representation.
The amendment was proposed on 21 December 2010 by the Parliamentary Committee on Constitutional Reforms, chaired by Senator Raza Rabbani. It was passed by the National Assembly on 22 December 2010, by the Senate on 30 December 2010, and received the President's assent on 1 January 2011. The approval of the 19th Amendment marked a shift in the balance of powers between the judiciary and the legislative branches in Pakistan.
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It reformed the procedure for judicial appointments
The 19th Amendment to the Constitution of Pakistan, passed in December 2010, brought about significant reforms to the procedure for judicial appointments. This amendment marked a shift in the appointment process, transferring powers from the Chief Justice of Pakistan to the Judicial Commission of Pakistan (JCP).
Previously, the Chief Justice held the authority to appoint ad hoc judges. However, with the 19th Amendment, this power was transferred to the JCP, which now comprises a larger number of judges. The amendment increased the number of most senior judges in the JCP from two to four, giving a majority of judges in the nine-member commission. This change addressed concerns raised by the Supreme Court and was a landmark achievement, dispelling fears of confrontation among state institutions.
The role of the parliamentary committee was also enhanced in the appointment process. The committee, chaired by Senator Raza Rabbani, was responsible for drafting the amendment. It gained the authority to discuss and consider the conduct of judges, following directions from the Supreme Court. The committee's decision-making process was formalised, requiring it to maintain records of its proceedings. Additionally, if the committee rejects a nomination, it must provide justifications for its decision.
The 19th Amendment also included the Prime Minister in the appointment procedure. The parliamentary committee sends the confirmed nominees' names to the Prime Minister, who then forwards them to the President for final appointments. This amendment ensured that the appointment of judges involved a collaborative effort between the Judicial Commission, the parliamentary committee, the Prime Minister, and the President, creating a system of checks and balances.
Furthermore, the 19th Amendment addressed the composition of the Judicial Commission itself. It specified that the commission should include the CJP, four serving judges, one retired judge, the federal law minister, the attorney general, and a representative from the Pakistan Bar Council (PBC). The PBC representative was required to have at least 15 years of experience. These changes ensured a diverse range of perspectives and expertise in the commission's decision-making process.
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It expanded the Federally Administered Tribal Areas (FATA)
The 19th Amendment to the Constitution of Pakistan was passed in December 2010 and enacted in January 2011. It addressed concerns raised by the Supreme Court on the previous amendment, the 18th Amendment. The 19th Amendment reformed the procedure for judicial appointments, transferring powers from the Chief Justice of Pakistan for the appointment of ad hoc judges to the Judicial Commission of Pakistan (JCP). The JCP was expanded to include four serving judges, one retired judge, the federal law minister, the attorney general, and a representative of the Pakistan Bar Council (PBC). This amendment also expanded the Federally Administered Tribal Areas (FATA). The tribal areas adjoining the Lakki Marwat and Tank districts became part of FATA, and the High Court of Islamabad was renamed the Islamabad High Court.
The 19th Amendment was proposed on 21 December 2010 by the Parliamentary Committee on Constitutional Reforms, chaired by Raza Rabbani. It was passed by the National Assembly on 22 December 2010, by the Senate on 30 December 2010, and assented to by the President on 1 January 2011. The amendment included 26 proposed changes to six articles of the constitution.
The 19th Amendment was a significant milestone in Pakistan's constitutional history, as it was the first time that a chief justice imposed an amendment on parliament, shifting the balance of power. This amendment also marked a victory for the then Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, who had been removed by General Musharraf in 2007. The amendment allowed him to formulate the rules of the JCP, giving him a majority of judges in the commission.
The 19th Amendment also included the prime minister in the appointment procedure of judges. The parliamentary committee was required to send the names of confirmed nominees to the prime minister, who would forward them to the president. This amendment ensured that the conduct of judges could be discussed and considered by the parliamentary committee rather than parliament, reducing the fears of confrontation among state institutions.
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It took powers from the Chief Justice of Pakistan for ad hoc judge appointments
The 19th Amendment to the Constitution of Pakistan, passed in December 2010, brought about a number of significant changes, including reforms to the procedure for judicial appointments. One of the most notable aspects of this amendment was the transfer of powers from the Chief Justice of Pakistan (CJP) to the Judicial Commission of Pakistan (JCP) in the appointment of ad hoc judges.
Prior to the 19th Amendment, the Chief Justice of Pakistan held the authority to appoint ad hoc judges. However, under the new law, this power was taken away from the Chief Justice and given to the Judicial Commission. The amendment also increased the number of senior-most judges in the Judicial Commission from two to four, with the addition of one retired judge. This change was seen as a way to bring a greater diversity of experience and perspective to the decision-making process.
The role of the Judicial Commission in the appointment process became even more crucial with the inclusion of the Prime Minister. According to the amendment, the parliamentary committee would send the names of confirmed nominees to the Prime Minister, who would then forward them to the President for final approval. This process added an extra layer of scrutiny and ensured that the appointments were made in a transparent and accountable manner.
The 19th Amendment also addressed the concerns raised by the Supreme Court regarding the previous amendment, the 18th Amendment. The Supreme Court had ordered amendments to certain clauses of the constitution, and the 19th Amendment was a response to those orders. One of the key achievements of this amendment was dispelling fears of confrontation among state institutions, particularly between the judiciary and the executive.
The approval of the 19th Amendment was considered a victory for CJP Iftikhar Chaudhry, who had a significant influence on its creation and implementation. Right after the passing of the amendment, CJP Chaudhry formulated Rule 3 of the Judicial Commission, which empowered the chief justice to make nominations that the commission could then assess and confirm or reject. This rule allowed CJP Chaudhry to gain a majority of judges in the JCP, further solidifying his influence over the appointment process.
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It transferred powers to the Judicial Commission of Pakistan (JCP)
The 19th Amendment to the Constitution of Pakistan was passed in December 2010 and enacted in 2011. It addressed concerns raised by the Supreme Court on the previous amendment, the 18th Amendment. The 19th Amendment took powers from the Chief Justice of Pakistan for the appointment of ad hoc judges and transferred them to the Judicial Commission of Pakistan (JCP).
The Judicial Commission of Pakistan (JCP) is a nine-member commission that includes the Chief Justice of Pakistan (CJP), four serving judges, one retired judge, the federal law minister, the attorney general, and a representative of the Pakistan Bar Council (PBC). The PBC representative must have 15 years of experience. The JCP is responsible for recommending appointments of ad hoc judges to the President. The 19th Amendment increased the number of senior-most judges in the JCP from two to four, giving the Chief Justice a majority in the commission.
Before the 19th Amendment, the Chief Justice of Pakistan had the power to appoint ad hoc judges. The 19th Amendment transferred this power to the JCP, which now makes recommendations to the President for appointments. The President will carry out the appointments on the recommendation of the JCP. This was a significant shift in the appointment process and gave more power to the JCP and the President.
The 19th Amendment also included the Prime Minister in the appointment procedure. The parliamentary committee sends the names of the nominees it confirms to the Prime Minister, who then forwards them to the President. The parliamentary committee is also required to justify its decision if it rejects any nominee of the Judicial Commission for the appointment of judges. This was done to ensure transparency and accountability in the appointment process.
Overall, the 19th Amendment to the Constitution of Pakistan transferred powers for the appointment of ad hoc judges from the Chief Justice of Pakistan to the Judicial Commission of Pakistan (JCP). This amendment reformed the judicial appointments procedure and was passed with wide deliberations and near consensus.
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Frequently asked questions
The 19th Amendment to the Constitution of Pakistan was passed in December 2010 and enacted in 2011. It reformed the procedure for judicial appointments and expanded the Federally Administered Tribal Areas (FATA).
The 19th Amendment addressed concerns raised by the Supreme Court on the 18th Amendment, which was passed earlier in 2010.
The 19th Amendment took powers away from the Chief Justice of Pakistan for the appointment of ad hoc judges and transferred them to the Judicial Commission of Pakistan (JCP). It also increased the number of senior-most judges in the JCP from two to four.
The 19th Amendment was proposed by the Parliamentary Committee on Constitutional Reforms, chaired by Senator Raza Rabbani, on December 21, 2010.
The 19th Amendment was passed by the National Assembly on December 22, 2010, by the Senate on December 30, 2010, and assented to by the President on January 1, 2011.
