The Centre for Peace and Development Initiatives (CPDI), a not-for-profit organization, has urged the Government to develop consensus among political parties and other key stakeholders on the proposed constitutional amendments to ensure broader ownership and avoid controversies.
The only purpose of such amendments should be to reform the judicial system to enhance transparency, efficiency, accountability and peoples’ access to justice; and the impression of political expediency being the primary motive must be dispelled through credible actions.
In its letters to the President, Prime Minister, Law Minister, and heads of political parties, CPDI has expressed concern over the secrecy surrounding the amendment process, calling for public disclosure and engagement with civil society, legal professionals, and other stakeholders.
CPDI has demanded that the constitutional amendment package must include provisions whereby transparency and peoples’ right of access to information in relation to judicial administration could be ensured. The CPDI’s Executive Director, Mukhtar Ahmad Ali, has noted that, while judicial proceedings occur in open courts, the higher judiciary has been reluctant to ensure transparency and peoples’ right to information in the administration of courts, especially in relation to matters like staffing, recruitments, procurements, maintenance operations and expenditures. He also referred to a judgment of the Supreme Court (i.e., Mukhtar Ahmad Ali Vs. Registrar, Supreme Court), whereby Supreme Court has been excluded from the purview of the Right of Access to Information Act 2017. He further noted that even Article 19A of the Constitution is not being implemented in its true spirit, as the Supreme Court of Pakistan and High Courts have not provided any mechanism or procedure through their own Rules to enable people to easily access information about administrative matters in courts. Hence, there is a need for appropriate constitutional and legal reforms to ensure transparency in judicial administration.
CPDI has also demanded that the legislative framework must be strengthened to ensure that a judge, who is accused of corrupt practices, can be held accountable even if he or she resigns in anticipation of the start of proceedings against him or her by the Supreme Judicial Council. Moreover, it must be made mandatory that all complaints received by the Supreme Judicial Council will be publicly accessible; and will be efficiently scrutinized and decided in a fair, transparent and open manner within a reasonably prescribed timeframe.
It has further suggested that there should be a robust mechanism to assess the educational documents, legal practice experience, taxpayer status, nationality status, character and commitment to Constitution of candidates, who are considered for appointment as judges. Moreover, maximum information must be made public about the qualifications, experience and eligibility of candidates, who are considered for the position of judges.
CPDI goes on to demand that judges of higher judiciary must be required to annually disclose their income and assets, which must be published on relevant websites for easy public access. It also emphasizes that the proposed constitutional amendments must be enacted through a transparent and open process that involves broader political ownership, thorough scrutiny by the relevant standing committees, opportunities for civil society to share their input, and extensive debate in the National Assembly and Senate.
