Seniority and judicial appointments
July 19, 2021
The reservations expressed by the Sindh High Court Bar Association and, later, by the Supreme Court Bar Association about the intended elevation of a ‘relatively junior’ judge of the Sindh High Court to the Supreme Court of Pakistan have reminded us of the large credibility gaps that continue to afflict public life in Pakistan. Questions have been asked about the choice of the particular judge while other senior judges and the chief justice of the Sindh High Court continue to be by-passed for elevation, year after year.
Appointments to the superior judiciary have always been an occasion for controversy. Why should a person be appointed to any of the high courts or the Supreme Court of Pakistan? Given the nature of the function and the scope of the power the superior judiciary has come to exercise, reliance on seniority as the overriding principle is a certain path to instilling mediocrity into the judicial landscape. A convey