Pakistan high court judges appointments have stalled in a constitutional impasse after President Asif Ali Zardari did not approve recommendations covering 19 new additional judges and several serving judges. The federal government is now considering whether it can issue notifications without presidential assent, according to Dawn.
The delay has already produced practical consequences. Four additional judges of the Peshawar High Court left office when their terms expired on August 4. A Sindh High Court judge also relinquished office after his term ended on July 29, despite a recommended six-month extension.
Government weighs an Article 48 route
Government sources said officials were examining Article 48(1) of the Constitution. Their reported position is that the president had 15 days to act on the summary. They believe the Ministry of Law and Justice may proceed because that period has passed.
Minister of State for Law and Justice Aqeel Malik said the government would resolve the matter within the Constitution and superior-court precedent. He did not announce that notifications had been issued.
Presidency sources disputed the proposed shortcut. They said Articles 48(1), 48(2) and 175A(8) leave room for differing interpretations. They urged consultation between the president and prime minister instead of unilateral action.
Pakistan high court judges appointments and expired terms
The JCP record confirms that the commission met on July 21 under Chief Justice of Pakistan Yahya Afridi. It recommended ten additional Lahore High Court judges, three additional Balochistan High Court judges and the confirmation of Justice Tariq Mahmood Bajwa at the Lahore High Court.
Reporting on the July 20 and 21 meetings says the full package also included three proposed appointments each for the Islamabad and Sindh high courts. It covered four confirmations at the Peshawar High Court and one extension at the Sindh High Court.
The Pakistan high court judges appointments delay therefore affects more than future vacancies. It has interrupted the service of judges whom the commission had already recommended for confirmation or extension.
Islamabad High Court weighs a challenge
A petition before the Islamabad High Court seeks action on the pending summary. Justice Arbab Muhammad Tahir has reserved a decision on whether the case is maintainable, the Tribune reported.
During the hearing, the court asked whether a constitutional writ could run against the president. It also asked counsel to identify precedent for directing the head of state to perform a constitutional duty. The petitioner argued that prolonged inaction had worsened judicial shortages and delayed access to justice.
The Presidency has previously approved high-court confirmations and extensions on the prime minister’s advice. A January order recorded that procedure for judges in Sindh, Lahore and Peshawar.
A procedural dispute with institutional costs
The present conflict is not a final judicial ruling on presidential powers. It remains a dispute among government and Presidency sources, alongside a pending court challenge. Any notification issued without assent could invite further litigation.
For litigants, however, the institutional cost is already visible. Pakistan high court judges appointments cannot remain an open-ended political or procedural contest when judicial terms expire and benches lose capacity. A transparent resolution should identify the constitutional authority, publish the final decision and restore certainty to the appointment process.
