APPOINTMENT OF TEMPORARY JUDGES IN SUPERIOR COURTS OF PAKISTAN: A THREAT TO INDEPENDENCE OF JUDICIARY

Abstract

One of the ideals of the Objectives Resolution 1949 is that independence of the judiciary shall fully be secured. The constitutional guaranty and protection of the services, salaries and privileges of the judges is one of the essential elements required to achieve this objective. The constitution of Pakistan contains some provisions under which judges of the Supreme Court and High Courts are appointed on temporary basis, even against permanent vacancies. In this paper the constitutional provisions as well as the relevant rulings of the Supreme Court are examined and analyzed. The adverse effect of the practice of appointing temporary judges on judicial independence is studied. The draw backs of having temporary judges in the superior courts are discussed. Pakistan’s judicial and political history gives the temptation to say that the constitutional provisions allowing appointment of temporary judges are detrimental to the judicial independence in Pakistan. Amendments in such constitutional provisions are suggested to ‘fully secure’ independence of judiciary.