Article 175A of Constitution of Pakistan: Judicial Appointments & the Judicial Commission
Article 175A is the constitutional engine room of judicial appointments in Pakistan — it created the Judicial Commission of Pakistan and governs how Supreme Court, High Court and Federal Shariat Court judges (and the Chief Justice) are chosen. This guide explains the original 2010 mechanism and what the 26th Amendment (2024) changed.
Quick answer: Article 175A (inserted by the 18th Amendment, 2010) vests judicial appointments in the Judicial Commission of Pakistan (JCP). After the 26th Amendment (2024), the JCP has 13 members; it nominates judges directly to the Prime Minister (→ President); and the Chief Justice is chosen by a 12-member Special Parliamentary Committee from the three senior-most Supreme Court judges, serving a three-year term.
In this guide
The Original 2010 Mechanism
Before the 18th Amendment, judges were appointed by the President on executive advice — the system critics called executive-dominated. Article 175A flipped the model: a Judicial Commission led by the Chief Justice of Pakistan, with the four senior-most Supreme Court judges, a former CJP/judge (two-year term), the Law Minister, the Attorney-General, and a senior advocate nominated by the Pakistan Bar Council (two years). For High Court appointments, the Commission expanded to include that High Court’s Chief Justice, its senior-most judge, the provincial law minister, and a bar-nominated advocate. Nominations went to an eight-member parliamentary committee, then to the Prime Minister and President.
The 13-Member Judicial Commission
The 26th Amendment (2024) reconstituted the JCP at 13 members (per the Law Ministry’s official clarification of 24 October 2024): the Chief Justice of Pakistan as chairman, senior Supreme Court judges, the most senior judge of the Constitutional Benches, the Federal Law Minister, the Attorney-General, a Supreme Court advocate, two Senators and two MNAs (treasury and opposition), and a woman or non-Muslim technocrat nominated by the National Assembly Speaker for two years. Critics — including senior judges — argued the new balance gives the executive/parliamentary side a majority; supporters call it democratic oversight. The JCP also nominates judges for the Constitutional Benches.
How the Chief Justice Is Chosen Now
The biggest headline change: the old rule — the President appoints the most senior Supreme Court judge as CJP — is gone. Now a Special Parliamentary Committee (12 members: 8 from the National Assembly, 4 from the Senate, treasury and opposition equally represented, deciding by two-thirds majority in camera) recommends one of the three most senior Supreme Court judges; the Prime Minister forwards the name to the President. And under amended Article 179, the CJP serves a fixed three-year term regardless of retirement age. The first appointment under this system elevated the third-most-senior judge, CJP Yahya Afridi.
The Appointment Pipeline
Today the pipeline runs: JCP nomination → Prime Minister → President. The old eight-member parliamentary committee stage was removed — the JCP’s nominations go directly to the PM, who forwards them to the President for appointment. The Commission is constitutionally required to frame rules of procedure, including criteria for assessing fitness for appointment (Article 175A(4)) — a point of live debate, with petitions challenging the 26th Amendment still before the courts. For the judiciary’s other key articles, see Article 212 (tribunals) and Article 199 (High Court writs).
Constitutional Benches Link
The same amendment that rewrote 175A created Constitutional Benches (Articles 191A for the Supreme Court, 202A for High Courts): constitutional cases — including the curtailed suo motu jurisdiction — are heard by these benches, whose judges the JCP nominates. The senior-most Constitutional Bench judge also sits on the Commission. Our Constitution notes hub and the main Constitution guide place 175A in the full picture.
What is Article 175A of the Constitution of Pakistan?
The article governing appointment of superior-court judges, centred on the Judicial Commission of Pakistan — reconstituted at 13 members by the 26th Amendment (2024).
Who appoints the Chief Justice of Pakistan now?
A 12-member Special Parliamentary Committee recommends one of the three senior-most Supreme Court judges; the PM forwards the name to the President. The CJP serves a three-year term.
When was Article 175A added?
By the 18th Amendment in 2010; substantially amended by the 26th Amendment in 2024.
