The Ministry of Law and Justice has considered it expedient to clarify certain misconceived interpretations made in the press and social media with regard to the Constitution (Twenty-sixth Amendment) Act, 2024. The Judicial Commission of Pakistan (Commission) in terms of Article 175A (2) of the Constitution now comprise 13 members. In its first meeting the Commission shall nominate Judges in terms of Article 191A to form Constitutional Benches of the Supreme Court and the senior most Judge amongst the nominated Judges shall be the most senior Judge of the Constitutional Benches. The senior most Judge of the Constitutional Benches shall also become a member of the Commission. If he is already a Member of the Commission, then the next senior Judge of the Constitutional Benches shall become a member of the Commission. It is also clarified that in terms of Article 175A (2) read with 175A (3D) no action or decision taken by the Commission shall be invalid or called in question on the ground of existence of any Lacancy or absence of any member from any meeting of the Commission. Further, the Constitutional Benches in the High Courts shall be formed by the Commission under Article 202A, however, such formation shall only become effective once the Parliament in joint sitting in respect of Islamabad High Court and the Provincial Assemblies in respect of their respective High Courts pass the resolution by majority of total membership thereof. Till the formation of the Constitutional Benches in the High Courts, the respective High Courts have jurisdiction to entertain cases as were being entertained before commencement of the Constitution (Twenty-sixth Amendment) Act, 2024.
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