Government Efforts Underway to End Deadlock Over Judges’ Appointments

The government's legal team is set to meet with Presidency officials on Sunday in an effort to resolve the ongoing deadlock regarding judicial appointments. Authorities are exploring the possibility of unilaterally notifying the confirmation and appointment of high court judges. This development comes as the Islamabad High Court (IHC) is yet to rule on a petition challenging President Asif Ali Zardari’s alleged failure to assent to the recommendations of the Judicial Commission of Pakistan (JCP).

The JCP, in its meetings on July 20 and 21, recommended the confirmation of four additional judges for the Peshawar High Court, a six-month extension for an additional judge of the Sindh High Court, and the appointment of 19 additional judges to the Lahore, Islamabad, Sindh, and Balochistan high courts. These recommendations were forwarded to the Prime Minister, who then sent the summary to the President, where it has remained pending.

Amid the stalemate, the government is considering invoking Article 48(1) of the Constitution to issue the notifications through the law ministry, arguing that the President was required to act on the summary within a fortnight. However, government functionaries have stated that notifications cannot be issued at this stage as the matter is now sub judice. Sources indicate the government's legal team plans to pursue an “out-of-court” settlement with the Presidency. The President’s legal team has raised objections, noting that nearly all nominees proposed by the Pakistan Peoples Party (PPP) were rejected and that some recommended candidates have criminal records. The Presidency also contends that Article 175-A does not prescribe a specific timeframe for the President’s action.

A summary for the appointment of new judges, approved by the Judicial Commission of Pakistan (JCP), is awaiting a decision from President Asif Ali Zardari.

According to available information, the JCP approved the appointment of 10 judges for the Lahore High Court on July 20. The summary was subsequently forwarded to the President for notification.

Speaking on the matter, Senator Farooq H. Naek, Chairman of the Senate Committee on Law and Justice, confirmed that the summary is with the President. He stated that if the President does not sign the summary, it would be considered automatically approved. He added that if the President were to reject it, the matter would return to the Judicial Commission for review.

Legal experts have noted that under the constitution, the President has limited authority in this process. While he could have returned the summary for reconsideration, he cannot indefinitely delay or refuse the appointments approved by the JCP.

The federal government is now considering bypassing President Asif Ali Zardari's formal assent to notify the appointment and confirmation of high court judges, examining the possibility of invoking Article 48(1) of the Constitution. This comes as the 15-day period for presidential action has expired. Presidency sources, however, have cautioned against such a move. Additionally, an additional judge of the Sindh High Court also relinquished office on July 29 after their tenure expired due to the absence of a formal notification, similar to the four Peshawar High Court judges. Minister of State for Law and Justice Barrister Aqeel Malik stated the government would resolve the matter within the constitutional framework.

The Islamabad High Court (IHC) reserved its verdict on the maintainability of the petition challenging the delay. The hearing was conducted by a single judge bench of Justice Arbab Muhammad Tahir on Thursday. Zahid Asif Chaudhry represented the petitioner. The Judicial Commission of Pakistan (JCP), presided over by Chief Justice of Pakistan Yahya Afridi, had recommended the appointments of 19 additional judges and the confirmation of five judges. The court observed that judgments cited by the petitioner did not support issuing directives to the president.

The Islamabad High Court has reserved its verdict on the petition challenging the President's delay in approving the summary for the appointment and confirmation of judges. During the hearing, the petitioner's counsel argued that the summary had not been approved even after 15 days, and there were reports that the government was preparing to issue notifications. Justice Arbab Muhammad Tahir questioned the maintainability of a constitutional petition against the President and asked for precedents where such directives were issued. The counsel maintained that the President's role is symbolic and that the law ministry could issue notifications even without presidential assent after the constitutional timeframe.

The Islamabad High Court (IHC) on Thursday reserved its verdict on the maintainability of a petition challenging President Asif Ali Zardari’s delay in approving a summary for the appointment and confirmation of judges to various high courts. Justice Arbab Muhammad Tahir took up the plea, during which the petitioner's counsel argued that the summary had not been approved even after 15 days had passed.

The counsel also claimed that the government had started issuing notifications regarding the appointments. Justice Tahir questioned whether a constitutional petition could be maintained against the President and asked for any precedent in which such a writ had been issued.

Four additional judges of the Peshawar High Court (PHC) have ceased to function after the President of Pakistan delayed his assent to the confirmation of their services. The Judicial Commission of Pakistan (JCP) had recommended their confirmation, but the presidential approval is still awaited.

Justices Farah Jamshed, Inamullah Khan, Sabitullah Khan, and Aurangzeb were initially appointed as additional judges for one year, taking their oath on February 4, 2025. Their terms were extended for six months earlier this year, which concluded on August 4, 2026. The JCP had recommended their permanent confirmation on July 20, 2026, under Article 175(A) of the Constitution.

Official sources indicate that the PHC is in contact with the law ministry regarding the situation. No new cases have been assigned to these four judges since August 3, as judicial work cannot be assigned without the relevant government notification. The PHC Bar Association president has urged the President to approve the recommendations, citing constitutional provisions that bind the President to assent to such summaries.

A petition has been filed in the Islamabad High Court (IHC) requesting it to direct President Asif Ali Zardari to approve the Judicial Commission of Pakistan’s (JCP) recommendations for the appointment of judges to the Islamabad, Lahore, Sindh, and Balochistan High Courts. The petition also seeks a directive for the President to confirm additional judges already serving in the superior judiciary.

Advocate Luqman Zafar Chaudhry, through his counsel Zahid Asif Chaudhry, filed the petition on Wednesday, challenging President Zardari’s delay in approving a summary forwarded by the Prime Minister under Article 48 of the Constitution. The petitioner argued that the JCP, chaired by the Chief Justice of Pakistan, completed the constitutional process by recommending the appointments on July 20 and 21. The petition states that the President has “not yet given his assent nor returned the said summary but held it without any legal justification.”

It further highlighted that an oath-taking ceremony for the recommended judges, scheduled for July 27, “could not take place and stood indefinitely postponed” because the President had not approved the summary. The petition contends that Article 48 requires the President to act on the advice of the Prime Minister, allowing only one exception: returning the advice for reconsideration within 15 days. It argues that the Constitution “thus contemplated no third option of indefinite silence or inaction,” and that by withholding the summary, the President has converted a “narrow, time-bound and essentially formal” constitutional function into a power.

The petition filed regarding the delay in presidential approval of the summary for judges' appointments has been set for hearing.