INDEPENDENCE OF JUDICIARY

ABSTRACT
This research study deals with the topic of Independence of Judiciary.Firstly a general overview
is given regarding the topic.Secondly,Different objectives of this research assignment is
discussed which include to define the concept of Independence of Judiciary and to highlight its
importance in Islam,What is Importance of Judicial independence in Pakistan? &To describe
various dimensions of this concept,to discuss the relationship between Judicial Independence and
Doctrine of Separation of Power;to analyse the concept of Judicial Independence under the
Constitution of Islamic Republic of Pakistan,1973 with special reference to 18th and 19th
constitutional amendment & to state the major factors which are causing obstacles in the smooth
running of judiciary in Pakistan.Thirdly, the methodology which is adopted in this research study
is briefly discussed.Lastly,while making analysis of the concept it is stated in this research study
that 18th and 19th constitutional played a vital role regarding the independence of judiciary in
Pakistan.
INTRODUCTION:
Judicial independence is key to a properly functioning judicial system. It allows judges to make
impartial decisions in accordance with law and evidence only, shielding them from inappropriate
outside influence, whether from other branches of Government, the public, or the private sector.
The impartial adjudication of disputes is a crucial component of the rule of law, and is essential
to a peaceful, prosperous and democratic society. An independent judiciary promotes that
citizens do not feel the need to take justice into their own hands, and that they can take short and
long term financial decisions with confidence. This only works when the population actually
observes and is convinced that justice is served in the way described. To make this possible the
judiciary needs to function in a transparent and accountable manner, especially elucidating
arrangements that impact directly independence, such as the manner in which cases are allocated
to judges.(Dijk & Vos ,2018).The judicial system was adopted by Pakistan from the prevailing
system of colonial period which was mainly acquired from the judicial system of the British;
however that judicial system was designed and developed according to colonial needs of the
British Empire because it was not made independent from the executive which had financial and
administrative powers over the judiciary. Therefore, the colonial judicial system adopted by
Pakistan after its independence could not ensure the standard of justice for an independent nation
state. The judicial system in Pakistan had been favoring the executive branch of the government
and the powerful classes against the rights of the common people since the emergence of
Pakistan.(Bhatti & Shaheen ,2019).
Objectives of the Proposed Research:
Following are the objectives of this research study:
i. To define the concept of Independence of Judiciary and to highlight its importance in Islam.
ii. What is Importance of Judicial independence in Pakistan? &To describe various dimensions
of this concept.
iii. To discuss the relationship between Judicial Independence and Doctrine of Separation of
Power.
iv. To analyse the concept of Judicial Independence under the Constitution of Islamic Republic
of Pakistan,1973 with special reference to 18th and 19th constitutional amendment.&
v. To state the major factors which are causing obstacles in the smooth running of judiciary in
Pakistan.
Research Methodology:
Research technique adopted in this research is theoretical .Main sources used are books,
internet, research articles and case laws. Case laws helped to know the importance and
understanding of Independence of Judiciary in the Judicial system of Pakistan. Books and
internet helped to know about the previous researches done on this topic.
Hypothesis:
The 18th and 19th constitutional amendment in the Constitution of Islamic Republic of
Pakistan,1973 played a vital role regarding the judicial independence in Pakistan.
Relevant Laws:
The Constitution of the Islamic Republic of Pakistan,1973.
Definition and Meaning of Independence of Judiciary:
According to Dr V.K Rao: He has comprehensively defined the concept of Independence of
Judiciary in following words:
Dr.V.K Rao gives three meanings to the concept of independence of judiciary: Firstly the
judiciary must be free from encroachment of other organs in its sphere. In this respect, it is called
separation of powers. Secondly it means the freedom of the judgments and decrees from
legislative interference. Thirdly, it means, the decisions of the judiciary should not be influenced
by either the executive or the legislature. It also means freedom from both, fear and favor of the
other two organs.(Vishnoo Bhagwan,1999).
Judicial Independence in the light of Islam:
Islam gives much stress upon the Independence of Judiciary, right to access to justice was
fundamental in Islamic system from outset. More elaborate are the instructions, Adab-i-Qazaat,
(Kanz-ul-Amal, p. 512) given by Umar to Abu Musa Ashura and other qazis. Whereas the west
took centuries to conceive these instructions which stand as sovereign principles of the
administration of justice: Umar Bin Khitab, Second Pious Caliph said “The Qazi’s functions
require the enforcement of either an unequivocal ordinance of the Quran, or a practice that is
permissible to follow. You must appreciate this when matters are put before you, for it is useless
to offer a plea that is not valid.” He further directed, “Treat all Muslims as equal in your court
and in the attention they receive; so neither the man of high status will expect you to be partial
nor will the humble despair of justice from you.”(Muhammadan Law 3rd ed. ,1940).
Judicial Independence in Pakistan :
The performance of judiciary, in recent years, is strikingly buoyant and promising in
Pakistan.Perhaps, the most encouraging feature of free institutions in Pakistan is in the form of
the judiciary.( G. W. Choudhury, Constitutional Development In Pakistan (2nd ed., P 232).The
legislature and the executive are unfortunately deficient to deliver and are under criticism for
their inefficiency, yet it is now generally appreciated that the superior judiciary in Pakistan is
playing a critical role in safeguarding the fundamental rights and acting as a guardian of the
constitution.( Mayo,2018).
The judiciary is a fundamental institutional arrangement for dispensation of justice among
people. No civilized society can be conceived in the absence of independent and impartial
administration of justice. Therefore, the passionate longing to establish an independent judiciary
was incorporated in the Objectives Resolution, 1948. Moreover, Article 2A 4, 9, 10-A 14, 25,
175,175-A and 179 are also aimed to advance the objective of establishing an independent and
impartial administration of justice.(PLD 2010 SC, 120-121).History bears testimony to the fact
that unjust societies had never been allowed to exist for a longer time: either they “had to reform
themselves paying heavy costs in blood and pain or were wiped off the face of this earth.” (PLD
2010 SC p. 120). Like other modern constitutions of the world, the constitution in our country
has discussed the judicial system at length. The constitution has not left details to parliament for
further legislation instead it has comprehensively dealt with the subject of composition of
judiciary and jurisdiction of various courts. Even the system of accountability and appointment
of judges is provided by the Constitution. Significantly, the constitution has envisioned a
separate institution of judiciary totally insulated from the influences of other organs of state.
(Article 175 of The Constitution 1973).The preamble and Art 2A have specifically promised the
judicial independence. Further, The Constitution has enstaked the judiciary to“preserve, protect
and defend the constitution.”Thus, the Constitution secures, to great extent, independence of
judiciary.(Mayo ,2018).
Different Dimensions of Judicial Independence:
The concept of judicial independence can be discussed from different angles one way is to
discuss it from the organizational perspective and other is relating to the legal position of judges.
Only organizational independence is not enough to ensure an impartial administration of justice
but judges should also be completely free in performance of their judicial functions. There may
be difference of opinion regarding importance of one or other aspect, however, along with
separation of powers there are certain other characteristics which are crucial for the
independence of the judiciary. This concept is approached two different perspectives: a narrow
and broad. From narrow perspective, judicial independence is deals with organizational
arrangements between the courts and other organs while in its broader sense it means
independence from any other authority including litigants, interest groups and even from the
pressure of Bar.(Kuijer ,2004). Then the concept has different types and dimensions of judicial
independence for the sake of better comprehension of the concept.Different dimensions of
judicial independence are discussed here under the following heads.
Functional Independence of Judges:
Functional independence means that system must ensure such framework where a Judges must
feel comfortable in following the dictates of law they must be independent in exercise of their
discretion in the best interest of justice without fear and favour. It also refers to decisional
independence which means the independence of judges to decide without giving in to any
internal or external pressure.(Mollah,2011). The most important occupation of a judge is to
deliver justice by interpreting the law. This fundamental function must not be vulnerable to any
external and internal compromises rather the functional independence is first and foremost
condition for a fair justice. A solid intellectual and moral background of judge is not enough to
ensure justice but that there must be formal control of the decisions in the form of multi tier
hierarchies, culminating in the highest body in charge of unifying the jurisprudence in the
respective specialty, with total exclusion of the other governing bodies.(Velandia,1999 ).A
number of factors can undermine the functional independence of judiciary, like concentration of
judicial and executive power as concentration in one hand may be suicidal for functional judicial
independence. Functional independence can be secured by securing a special rapport between the
judiciary and the law. In Pakistan, the provisions related to separation of powers are aimed to
ensure functional independence and it is worth noting that the provisions related to separation of
powers in Pakistan are not subject to amendment.(Mahmood Khan Achkzai v Federation Of
Pakistan).

Personal Independence:
Personal independence refers to a arrangement where the judges are not dependent on executive.
Had they been dependent, it may influence them while deciding cases.(Ahmed,2011).Judges
should be independent within the organization to adjudicate upon disputes without fear or favor.
Personal independence is impinged on the legal position of the judge. More precisely it is related
to guarantees that a constitutional system devise vis-à-vis hiring and firing, pay and pension,
evaluation and elevation, transfers and tenures etc.(Verhey,2001).Factors which should be
considered when examining independence include the manner of appointment, the duration of
office and protection against external pressures.(Campbell & Fell v United Kingdom,1985).

Fiscal Independence:
Judicial systems are not self sustaining and funds for their operations are provided from the
sources which are available under the control of Parliament. It may be justified on the pretext of
judicial accountability but on the other hand it also exposes the dependence of judiciary on other
branches Government.If parliament or the executive strictly control judicial resources then the
judiciary cannot be called independent at all. Definitely, dispensation of justice should not be
hampered due to scarcity funds. The economic and financial autonomy has significant bearing on
independence of judiciary.(Subramanian , 2000).

The Doctrine of Separation of Power and Independence of judiciary:

In Pakistan,“ judicial independence is one intrinsic principles of the constitutional
arrangement.”(Ahmed,2011). The Preamble of the Constitution, read with Art 2-A, categorically
speaks of Independence of judiciary. To complete this purpose, Art. 175 seeks separation of
judiciary from the executive. However, the separation was envisaged to be made progressively
within a defined time period which has lapsed in 1987.(PLD 1989 SC 404).“From then onwards,
irrespective of the fact whether steps have been taken or not, judiciary stands separated.”(PLD
1993 SC 341). Despite unambiguous decision of The Supreme Court, this dream is yet to be
materialized even after sixty five years of independence. “The concept of independence is so
closely connected with the “doctrine of separation of power that independent judiciary” cannot
be conceived without referring to separation of power. Therefore the concept of Separation of
power is also ingrained in the basic structure of the constitution.( P L D 2010 Karachi 635 &
PLD 1983 P 457). However, at one stage Supreme Court held that separation of powers is not
related to constitutional system of Pakistan, only because the phrase “Separation of Power” is
nowhere mentioned in the text of the constitution.However, this view was subsequently and
precisely overruled by court in subsequent judgments. Justice Fazal Karim in this context has
observed that though the concept separation of power is nowhere expressly enunciated in the text
of constitution yet this concept is incidental to the organization principle underlying the
constitution of Pakistan. The same is situation in USA, Australia and Sri Lanka, though not
mentioned in the text of the constitution yet well accepted..(Karim,2006).
Judicial Independence under the Constitution of The Islamic Republic of Pakistan,1973:
An Independent Judiciary is the soul of Parliamentary democratic dispensation of governance.
An independent judiciary shoulders a crucial responsibility in a parliamentary democracy.The
judicial power is vested in one integrated system of a hierarchy of judicial tribunals and this
hierarchy is composed of four cadres; the Supreme Court, the High Courts; the District Courts;
and the other original courts subordinate to the District Court. The separation of the judicial
organ and its independence is secured by clear constitutional provisions and the position cannot
be altered unless by the different process of amendment of the Constitution. Neither an action of
the Executive nor an act of Legislature is competent to alter the exalted position occupied by this
organ.( Verma &Kumar, 2022). The Constitution of Pakistan ,1973 describes establishments and
jurisdiction of superior courts under Article 175. Although It is clearly stated in the constitution
under Art.175(3) “the Judiciary shall be separated progressively from the Executive within
fourteen years from the commencing day.” yet this provision cannot be materialized.To maintain
the Independence of Superior Judiciary attempts were made by the parliament through different
constitutional amendments. After 18th and 19th Constitutional amendment political influence of
the president has been minimized to great extent .The procedure of appointment after 18th and
19th constitutional amendment is discussed below ;
Judicial Appointment after 18th Constitutional Amendment :
In April 2010, the ruling Pakistan People’s Party tabled a constitutional amendment before
Parliament that would dramatically change the process of judicial appointment in Pakistan.
(Mehmood ,2020).One hundred and two Articles were amended by this amendment Bill.
However, the fundamental character of the Constitution was not changed. The system remained
Federal Parliamentary along with an independent judiciary. The basics were preserved and
strengthened wherever felt necessary. The novel change in judicial provisions relates to
appointment in superior judiciary. All these changes were aimed to neutralize the role of
executive and chief justice while making appointment.(Rizvi , 2010).The new modus operandi
bestowed all powers of making recommendation upon a judicial commission consisting of seven
members chaired by Chief Justice of Pakistan and all such recommendations are reviewed by a
eight member bipartisan Parliamentary Committee. In brief, Article 175-A of the eighteenth
amendment has altogether changed the manner of appointment of judges.The constitution of
commission was provided as under in Article 175 A.“There shall be a Judicial Commission of
Pakistan, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat
Court.”(New Article 175A was inserted by Act 10 of 2010).
Composition and Procedure of Judicial Commission under 18th Amendment:
Article 175 (2) provided that the Judicial Commission shall be composed of a Chairman, Chief
Justice of Pakistan (CJP) and other members. The Members include two senior most Judges of
SC, a former CJP or a former Judge of SC, Federal Minister for Law and Justice, Attorney
General and a senior Advocate of SC. For recommending appointments in a high court of
Province, the commission shall also include, in addition to above, CJ of relevant HC and the
senior most judge of that HC along with Provincial Law Minister and one senior lawyer of high
court. However in case of Islamabad High court, Commission shall include only CJ of IHC and
one senior most judge. Similarly, in case of Shariat Court, CJ and senior most judge shall be
included in the Commission while recommending names of judges to Federal Sharait court.
(Article 175A(2), of The Constitution of Pakistan,1973).Whereby for every probable or real post
of a Judge, the CJP shall introduce names in the Commission. However, in case of any other
court like HC or FSC the names shall be introduced by the respective Chief Justice. The
nominations shall be forwarded to Chairman Commission i.e. CJP who will conduct all
proceedings. when a recommendation has reached to the Chairman, he will ask for a meeting of
the Commission. Notice of such meeting shall prescribe the date, time and place. The
Commission is empowered to seek any sort of information and record to dispense its
functions. Such powers are conferred to properly investigate a candidate from all dimensions.
After thorough consideration, the Secretary Judicial Commission shall forward the final
nominations to the Secretary of the Parliamentary Committee. The proceedings of JSC are
required to be secret, however, record of the proceedings is to be maintained. The Chairman is
fully authorized to form one or more committees to perform some particular function regarding
the appointment of judges. All members of SJC, retired or serving, shall be entitled to TA/DA as
per rules while attending a session of the Commission. However, it is constitutional
responsibility that the decisions shall be taken by majority vote. SJC shall recommend one
person for one vacancy. There would be no panel of candidates as it was previously. The
meetings of SJC, therefore, cannot be held without chief Justice. Moreover, the minutes of SJC
are also confidential and not even distributed to among its members. They are not even
confirmed at the next meeting. As such, the reasons behind the conclusions reached by the JC are
only known to the members themselves.(Jahangir,2011).

Nadeem Ahmad Vs. Federation Of Pakistan PLD 2010 SC 1165

The 18th Amendment was aimed to promote the cause of independence of judiciary and to cull
out politics from appointment process.A number of aspects of Article 175-A were attacked for
being toxic to judicial independence and in disharmony to the constitutional equilibrium.
However, the Supreme Court summarized significant ones in its order while making reference to
Parliament. Following points of concern and apprehensions were expressed in the case Nadeem
Ahmad Vs Federation Of Pakistan against Article 175-A.The Supreme Court held that:
i. The status of chief justice has been degraded in appointment process as compare to previous
one. In terms of famous Judges Cases, he was conceded as Pater Familias of judiciary and
his opinion was given primacy in the consultative process under erstwhile Articles 175 and
193. However 175-A has not only done away with the consultative process but also reduced
the worth of Chief Justice’s view to one vote. Even if his one vote views are supported by
 other members of SJC, they are further subject to be vetoed by the Parliamentary
Committee.
ii. The Law Minister and The Attorney-General are appointee of Executive and therefore
executive had equal say i.e. two votes with equal weightage to any other judicial member.
iii. The Parliamentary Committee was empowered to veto the recommendations of SJC.
iv. 04 out of 08 members of PC are nominated by the Executive which has considerably
reduced the role of judiciary in the whole process of appointment.
v. Since the parliamentary committee is an extension of Parliament, therefore, it would be
violation of Article 68, if PC discusses matters related to appointment of judges.
vi. Then there are grave anomalies in clauses (9) & (10) of 175-A. The Parliamentary
Committee would be incomplete and dysfunction, if NA has been dissolved due to any
reason. No solution is provided in this regard. (Mayo,2018).

Judicial independence after 19th Constitutional Amendment:

By showing political sagacity and wisdom Parliament passed Nineteenth Amendment in 2011,
whereby the number of judges of SC was increaesd from 02 to 04 thus enabling the judiciary to
have sway in the whole process.(The statement of objects and reasons of Nineteenth
Constitutional Amendments).Further in this Amendment, the eligibility criterion for an advocate
for being the member of SJC was provided minimum fifteen years practice. To resolve
incongruity in case of dissolution of National Assembly, it was provided that PC shall be
consisting of senators only so that the Commission’s functioning is not affected. However, the
oversight of the Parliamentary Committee was kept intact in the judicial appointments but
Committee was now made bound to record reasons in case of non-confirmation of a nominee by
SJC. Further the Prime Minister was involved in the process by making it mandatory to send the
nominee approved by the Committee for appointment by the President through the Prime
Minister. Similarly, when the Committee does not confirm a nominee it shall forward the same
to SJC through the Prime Minister requiring SJC to send a different name. The provisions of
Article 68 which prohibit Parliament to discuss the conduct of Judges shall not hit the
proceedings PC. By incorporating these provisions almost every suggestion of Supreme Court
was accommodated and therefore all controversies related to language and contents of Art 175A
were to be buried for once and all. However the main case relating to Eighteenth Amendment is
still pending with Supreme Court. Once these provisions were placed for operation, new question
surfaced which are mainly related with the role and scope of Parliamentary committee (PC) and
Judicial Commission. (Mayo,2018).
The Composition and Procedure of Parliamentary Committee:
Art 175-A provides that The Parliamentary Committee shall be consisting of total eight members
and four each from the Senate and the National Assembly. It would be a bipartisan Committee
and four members shall be from treasury and four shall be from opposition benches. Treasury
members shall be nominated by the leader of house while opposition members shall be
nominated by Opposition leader. The Secretary Senate shall act as Secretary PC. The PC is
unlike other committees of parliament as it is a separate constitutional body instead of mere
extension of house. The detailed procedure of the committee is also laid down by the constitution
itself.PC may confirm a nomination by majority of its votes after receiving recommendation
from SJC within fourteen days. Failure to take a decision within prescribed time period shall be
deemed as if the nomination has been confirmed by PC. However, if PC rejects a nomination,
then SJC shall recommend another name to PC. All confirmed nominations shall be send to the
president. The role and scope of Parliamentary committee and judicial committee is further
elaborated by the Supreme Court in Munir Hussian Bhatti Cases.(Mayo,2018).
Munir Hussian Bhatti Vs Federation of Pakistan PLD 2011 SC 407 :
In the above said case law Supreme Court held that the parliamentary Committee cannot be seen
as a superior body sitting in appeal over the recommendations of the Commission with the ability
to set aside or reverse the well considered opinion of the members of the Commission. As it
would be violative of the ideal of independence of Judges which is now well trenched in the
Constitution. The fact that Parliament was fully aware of the state of the law, as judicially
interpreted, and yet did not define or demarcate the respective roles inter se of the Commission
and the Committee, provides very strong manifestation of the intention of Parliament that the
basic structure of constitution is not altered. (PLD 2011 SC 407).
Major Factors causing Obstacles in the Independence of Judiciary in Pakistan:
In order to understand the reason as to why the judiciary has been a failed institution in
Pakistan,it is important to look at the factors that are serving as obstacles in the way of successful
and independence of judiciary.Some of these are enumerated under the following heads:
i. Lack of Power Separation:
In Pakistan working of the state machinery rests on the three main institutions: Executive,
Legislature and Judiciary. These Branches of the state have to work independently and separately
within their respective spheres of responsibility.(Sultana, 2012). However,unfortunately in case
of Pakistan, the executive branch seems to be the most empowered entity. The power seems to
rest in the hands of executive has many a times suppressed and curtailed the freedom and
autonomy of other state institutions.The executives have become so strong and powerful that the
whole state system has almost been obliterated.So ,lack of power separation has become a major
obstacle in the way of independent judiciary.(Farooq, Rafique & Qumber,2016).
ii. Disrespect for the Constitution
Constitution as a written document clearly demarcates the jurisdiction of the branches of the
government.The Constitution of the state should be the supreme law. It should be safeguarded
and upheld at all costs. At the same time the constitution should also ensure the basic human
rights, rule of law and civil liberties.But unfortunately,both these aspects are missing in case of
Pakistan. Not only has the constitution been frequently and recurrently abrogated, annulled and
amended as per the wishes of civil and military leadership, the constitutional loop holes has
severely affected the independence of Judiciary. (Niaz,2010).
iii. Corruption and Nepotism:
The political corruption and nepotism are the biggest menaces of Pakistan today. These ills are
found in the judicial system as pervasively as in any other institution of the state.Many dejected
individuals have either resorted to the life of crime or left the country causing massive waves of
brain drain. In Pakistan, recruitments on the basis of nepotism and favoritism have greatly
affected the Independence of judiciary.(Farooq, Rafique & Qumber,2016).
iv. Dishonest and Corrupt Judges:
Corruption is rampant and widespread in Pakistan owing to various factors such as; lack of
accountability, low salaries, monopoly of power, lack of transparency, nepotism and red-tapism
etc. It is believed that people make rational choices to advance their interests and to gain the
maximum benefits for themselves. (Farooq, Rafique & Qumber,2016).
DISCUSSION AND ANALYSIS:
In the light of above mentioned data it can be analyzed that no society can make progress
without a candid and independent judicial system.In every democratic state judiciary is the
custodian of Constitution, which protects the fundamental rights of its citizens.When there is a
violation of fundamental right , an aggrieved person can knock the door of a court ,Which
provides him remedy without any delay.If the judiciary is not independent it cannot fulfill the
demands of justice.Liberty is a precious possession of every individual. It needs to be protected
for the sake of peace in human societies. There are several methods of safeguarding the human
rights. The most important of them is the independence of judiciary. The courts have delegated
powers with the important task of defining and protecting the rights and liberties of the
individual.But the question is that how the judiciary remained successful to perform this duty in
Pakistan from 1947 up till now?The superior judiciary of Pakistan tried well to ensure
fundamental rights of the people but unfortunately it faces many hurdles to perform its function
effectively. Military interventions of 1958, 1969 and 1977 crushed the judicial independence
through various legal framework orders and provisional constitutional orders. It is also very
important to mention here that judiciary itself also played a vital role to sacrifice its freedom.
Higher judiciary in Pakistan always supported military regimes and even the judges took oath on
provisional constitutional orders issued by the dictators. (Bhatti &Shaheen,2019).By making
analysis it would be worth saying to mention here that lack of power separation,corruption,
nepotism , political and military intervention have curtailed the independence of judiciary in
Pakistan to great extent.
CONCLUSION:
While summing up, it can be said that the courts of law in Pakistan are the products of the
Constitution and are the instrumentalities for fulfilling ideals enshrined therein. An independent
and impartial judiciary is essential elements in a Federal Constitution for maintain the supremacy
of the Constitution. The Judicial system of Pakistan at present is under great stress and strain.The
performance of judiciary in past is full of flaws.The judicial independence in Pakistan has to face
many Challenges by political and military interventions. The 18th and 19th constitutional
amendments play a vital role regarding the independence of the selection procedure of judiciary
in Pakistan. Despite Supreme Courts’ efforts like laying down judicial policy and establishing a
system of monitoring, there is hardly any substantial and material change in the lower cadre of
judiciary. Therefore, it is need of hour that independence of judiciary should also trickled down
to trial courts which play perhaps the most significant part in the administration of justice.
SUGGESTIONS:
To reform the independence of judiciary in Pakistan following drastic steps need to be taken.
 There should be complete separation between judiciary and executive of offices. Judicial
tribunals should be taken out of executive control.
 The beginning and end of judicial reform is the appointment of the right kind of judges be it
in the Supreme Court, the High Court or the subordinate judiciary. The appointment of
judges is the prime and foremost link in the chain of judicial reform.
 No judge should be removed except for proved misbehavior or incapacity and only after a
disciplinary inquiry by his peers who are chosen by the chief justice or president of the
Supreme Court and not by the executive.
 It is also necessary to have proper and adequate training programs and seminars for the
judiciary so that the judges realize the value of independence.
 The power of transfer may be necessary in the public interest, but it should never be vested
in the executive.
 The judge to the subordinate judiciary should be recommended for appointment by a special
committee of judged of the high court.

REFERENCES:

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Case Laws:
1) Chief Justice of Pakistan v. President of Pakistan, (PLD 2010 SC 120-121).
2) Mahmood Khan Achkzai v Federation Of Pakistan,(PLD 1997 SC 426).
3) Campbell & Fell v United Kingdom, 7 Eur. H.R. Rep. 165, (1985).
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Vs. Shamimur Rehman (PLD 1983 P 457).
7) Nadeem Ahmad Vs. Federation Of Pakistan, (PLD 2010 SC 1165).
8) Munir Hussian Bhatti Vs Federation of Pakistan,(PLD 2011 SC 407).

Person Status to Non-Human