Judiciary on verge of institutionalising independence

The judiciary is on the brink of institutionalising its independence, with plans for a Judicial Appointment Council and a separate judicial secretariat, following initiatives led by Chief Justice Syed Refaat Ahmed since his appointment on August 11, as per an SC press release.

On October 27, the Supreme Court sent a proposal to the law ministry to establish a separate judicial secretariat, aiming to ensure the judiciary's independence by severing ties with the executive branch and ending the law ministry's control over lower courts. The proposal included a concept paper outlining the necessity and objectives of such a secretariat.

"The separation of the judiciary has remained elusive over the years because political parties in power never truly prioritised it," the concept paper stated.

In a subsequent move, the SC formally proposed the formation of a 10-member Judicial Appointment Council on November 28, recommending its establishment through an ordinance to oversee the recruitment of judges for the Appellate and High Court divisions.

The council would be chaired by the chief justice and include the two senior-most Appellate Division judges, the senior-most High Court Division judge, a senior subordinate court judge elevated to the High Court, the attorney general, the president of the Supreme Court Bar Association, a law professor nominated by the University Grants Commission, and two citizen representatives.

The proposal emphasised selecting competent candidates for judicial appointments.

Contacted, SC spokesman Muajjem Hussain said the law ministry is working on implementing the proposals.

"I hope the Judicial Appointment Council will be formed soon. Establishing the separate secretariat may take longer, as it will require appointing key officials to manage it," he added.