Govt-Presidency deadlock over judges’ appointment ‘close to resolution’
• Legal teams hold ‘positive’ talks, hope to resolve issue amicably
• IHC seeks reports over delay in notifying judges
• Asks govt to explain constitutional implications of keeping PM’s advice pending
ISLAMABAD: As the Islamabad High Court on Monday expressed concern over the delay in notifying the appointment and confirmation of high court judges and sought reports, the deadlock over the issue is likely to end in the next couple of days following a positive meeting between the legal teams of the Presidency and the federal government.
Sources privy to the development told Dawn that the “matter is on its way to resolution”. They said another meeting between the two legal teams was likely to be held in the next couple of days and expressed the hope that the issue would be resolved amicably.
The sources, however, expressed surprise over the proceedings before the IHC, saying that the bench had earlier questioned the maintainability of a petition seeking directives for the federal government to issue notifications regarding the appointment and confirmation of judges, but subsequently appeared to have adopted a different approach.
Justice Arbab Muhammad Tahir of the IHC had reserved his order on the maintainability of the petition on August 6.
According to the sources, the petition was fixed for hearing on Monday without the issuance of a proper cause list, while the judge adjourned the matter for the day after passing an order.
The sources said the matter essentially involved the constitutional roles and authority of the President and the government and should be settled through mutual understanding. They cautioned that any unilateral action, even if taken pursuant to a court order, could be viewed as being in bad taste.
The IHC order
The IHC issued a ruling on a public interest petition challenging President Asif Ali Zardari’s delay in approving judicial appointments, directing the government to explain the constitutional consequences of keeping the prime minister’s advice pending for an indefinite period.
Justice Arbab Tahir issued notices to President Zardari, the federation and the attorney general and directed them to submit separate concise reports explaining the timeline and present status of the summary forwarded by Prime Minister Shehbaz Sharif concerning the judicial appointments.
The petition was filed by Advocate Luqman Zafar through his counsel Zahid Asif Chaudhry against delay by the president in approving the judicial appointments recommended by the Judicial Commission of Pakistan (JCP).
The JCP recommended the appointment of 19 additional judges and confirmation of five judges of the high courts during its meetings held on July 20 and 21.
The summary was subsequently forwarded by PM Shehbaz to President Zardari for assent under Article 48 of the Constitution. However, the president has yet to accord his assent to the summary.
During Monday’s proceedings, the petitioner’s counsel argued that Article 48(1) of the Constitution used the expression “shall”, imposing a constitutional obligation on the president to act on the advice tendered by the prime minister.
The proviso to Article 48(1) permits the president to return the advice for reconsideration within 15 days, after which the president is required to act within 10 days on the advice tendered after reconsideration.
The counsel relied on judicial precedents to argue that the president was constitutionally bound to act on the prime minister’s advice and could not convert the constitutional process into a power of indefinite deferral or veto.
He contended that the prolonged delay in implementing the judicial appointments was adversely affecting the administration of justice and the public’s fundamental right to timely access to justice, particularly when the superior courts were already facing an increasing backlog of cases.
Justice Tahir directed that notices be served through all modes of service. Additional Attorney General Rashid Hafeez was also directed to ensure that the respondents submitted separate concise reports specifying the dates on which the advice was submitted to the president and the action, if any, taken thereon.
The case has been fixed for hearing on Tuesday.
The delay has already created practical complications for the high courts. Four additional judges of the PHC whose confirmation had been recommended by JCP, ceased to hold office after their tenure expired on Aug 4 in the absence of formal notifications. Similarly, an additional judge of the SHC, whose term had been extended for six months, relinquished office after his tenure expired on July 29.
The oath-taking ceremony for the judges had been scheduled for July 27 but was indefinitely postponed after President Zardari neither accorded assent to the summary nor returned it for reconsideration, with the government maintaining there was no legal justification for keeping it pending.
Published in Dawn, August 11th, 2026
