The Political Committee of the Pakistan Tehreek-e-Insaf (PTI) on Sunday announced it will formally participate in the reconstituted Judicial Commission of Pakistan (JCP) as per its makeup under the 26th constitutional amendment the party continues to reject.
In a statement, the political committee said the PTI had agreed to nominate members from the opposition benches to represent the party in the JCP. It said a briefing by legal experts had informed the political committee the JCP would include two members of the opposition, whose vote was crucial for decision-making. In this regard, it said, it was unanimously decided that the PTI should participate in its proceedings.
The political committee said its decision would proceed to the core committee for endorsement, adding final approval rests with PTI founder Imran Khan, who remains incarcerated at Adiala Jail.
The Judicial Commission of Pakistan is primarily responsible for appointing judges to the Supreme Court. In addition, the 26th constitutional amendment had designated it authority to establish constitutional benches. Prior to the 26th constitutional amendment, the JCP was comprised of the chief justice of Pakistan; four senior-most judges of the apex court; one former judge of the Supreme Court; the Attorney General for Pakistan; the federal law minister; and a senior advocate nominated by the Pakistan Bar Council.
After the enactment of the legislation, it comprises the chief justice, four senior-most judges of the apex court, the federal law minister, the attorney general; a representative of the bar councils; and four parliamentarians—two each from the Senate and National Assembly, equally divided among treasury and opposition benches—and a minority. Under the new JCP, parliamentarians could have a significant role to play in appointing new judges to the apex court.
The PTI has maintained it does not regard the 26th constitutional amendment “legitimate” legislation and vowed to resist its enactment at all levels. Earlier, the party had refused to participate in a meeting of the special parliamentary committee tasked with nominating the next chief justice, allowing the government to name Justice Yahya Afridi without significant opposition.