ISLAMABAD, Oct 24 (APP):The Ministry of Law and Justice on Thursday clarified certain misconceived interpretations made in the press and social media with regard to the cons
titution (twenty-sixth Amendment) Act, 2024.
In a press release, the ministry said that the Judicial Commission of Pakistan (commission) in terms of Article 175A (2) of the cons
titution now comprise 13 members. In its first meeting the commission shall nominate judges in term of Article 191A to form cons
titutional benches of the Supreme Court and the senior most judge amongst the nominated judges shall be the most senior judge of the cons
titutional benches.
It said that the senior most judge of the cons
titutional benches shall also become a member of the commission. If he is already a member of the commission, then the next senior judge of the cons
titutional benches shall become a member of the commission.
It is also clarified that in terms of Article 175A(2) read with 175A(3D) no action or decision taken by the commission shall be invalid or called in question on the ground of existence of any vacancy or absence of any member from any meeting of the commission.
Further, the cons
titution benches in the high courts shall be formed by the commission under Article 202A, however, such formation shall only become effective once the Parliament in joint sitting in respect of Islamabad High Court and the provincial assemblies in respect of their respective high courts pass the resol
ution by majority of total membership thereof. Till the formation of the cons
titutional benches in the high courts, the respective high courts have jurisdiction to entertain cases as were being entertained before commencement of the cons
titution (twenty-sixth Amendment) Act, 2024.
