Karachi: The Sindh Bar Council (SBC) has passed a significant resolution expressing concern over reports that the Judicial Commission of Pakistan (JCP) is considering an additional age-related criterion or an informal practice for the appointment of High Court judges beyond the qualifications prescribed in the Constitution.
According to an official statement issued by the Sindh Bar Council, reports circulating in the public domain suggest that the Judicial Commission may be deliberating on a new age benchmark for judicial appointments that exceeds the constitutional requirements. The Council maintained that appointments to the superior judiciary must be made strictly in accordance with the Constitution and should be based solely on merit, competence, integrity, and transparency.
The resolution comes shortly after the Karachi Bar Association raised similar concerns and sought clarification from the Judicial Commission regarding reports of an informal age threshold for appointments to the High Courts.
Referring to the 26th Constitutional Amendment (Act 2024) and the amended Article 193(2) of the Constitution of Pakistan, the Sindh Bar Council emphasized that the Constitution clearly prescribes the eligibility criteria for appointment as a High Court judge. Under the constitutional provisions, a candidate must be a citizen of Pakistan, at least 40 years of age, and must have either practiced as an advocate of a High Court for not less than ten years or served as a judicial officer for at least ten years.
The Council argued that once the Constitution has fixed the minimum age of 40 years, no additional or informal age restriction can legally be imposed to exclude otherwise eligible candidates. It stressed that every advocate and judicial officer who fulfills the constitutional qualifications has the right to have their nomination considered through a fair, transparent, and merit-based process.
The resolution further underscored the importance of preserving constitutional principles in judicial appointments, noting that the legal fraternity expects the Judicial Commission to adhere strictly to the eligibility criteria laid down in the Constitution without introducing unwritten or extra-constitutional conditions.
Reaffirming the longstanding principle that the Bar and the Bench are the two pillars of the justice system, the Sindh Bar Council stated that mutual respect, constitutional compliance, and transparency are essential to maintaining public confidence in the independence and integrity of the judiciary.
