Breaking down the 27th amendment and its key points related to judiciary:
Disputes between two governments will go to their new FCC where they get to pick and appoint judges and FCC can only pronounce declaratory judgements in such matters.
Disputes between two governments will go to their new FCC where they get to pick and appoint judges and FCC can only pronounce declaratory judgements in such matters.
Appointments to FCC will continue to be made from pool of judges or Advocates of SC. They have not considered opening the pool to members from academia.
While equal provincial representation is mentioned but there is no provision to ensure fair representation of women, minorities and other marginalised persons on the FCC which is likely to impact the quality of jurisprudence that would emerge and perpetuate existing inequalities.
The number of judges in the FCC is in hands of the president until the parliament legislates.
Composition of JCP changed yet again!
The one seat they created for woman OR minority member in the JCP has been replaced by generic language and now anyone who qualifies to be a member of parliament can be appointed. Who has the responsibility to appoint - no one knows!
Expanding cabinet and advisers of the chief ministers. the cabinet expands from 15 t0 17 while CM advisers from 5 to 7.
High Court Judges can be deemed to be retired if they refuse appointment in the FCC or the SC.
Article 199 jurisdiction of the HC to vest with constitutional benches of the high court.
This means, high courts continue to have constitutional benches that were brought in via 26th amendment.
A judge of the high court could be forced to accept transfer or be deemed retired despite higher judiciary being a constitutional organ and third pillar of the state.
Constitutional benches of SC have been omitted and replaced by FCC as was the original plan and during 26th amendment.
Parliament continues to subject the FCC and SC to the practice and procedure acts for them.
Judicial hierarchy is being amended with a new FCC becoming Pakistan's new apex court for fundamental rights enforcement and interpretation of constitution.
A blanket power under 'interest of justice' given to FCC and SC to get any case in HC transfered either to themselves or another HC.
SC's advisory jurisdiction has been omitted and transferred to the FCC.
Original jurisdiction of the SC also will also be omitted and transferred to FCC.
All petitions, appeals etc on constitutional interpretation even prior to 27th amendment stand transferred to FCC.
Petitions or appeals etc in SC or its const benches also stand transferred to FCC. That includes the cases pending against the 26th amendment.
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