MERIT BASED CRITERIA, DIVERSITY AND SECURITY OF TENURE: A CRITICAL APPRAISAL OF JUDICIAL APPOINTMENTS IN PAKISTAN

Abstract

Pakistan inherited a well-reputed judicial system, on account of meritorious judicial appointments,
from the British Empire. Yet the protection of the imperial interests of the judicial system, its
judgments earned public confidence as the common people were successful in finding justice. After
independence till today Pakistan has been unable to prepare a well-settled merit-based criterion
for higher judicial appointments. This paper argues that the Constitution of Pakistan guarantees
the security of tenure of judges of the higher tribunals, however, practically the judges have been
subjected to arbitrary removals more often during dictatorial regimes. Pakistan should prepare a
comprehensive merit-based criteria comprising of both professional and personal traits needed for
higher judicial appointments. The representation of women and minorities should be ensured in
the higher judiciary. The paper also advises that constitutional players should prepare the
cultivation of respect for the judicial independence to protect the security of tenure of the justices.