Supreme Judicial Council: Functions, Prospects, and Challenges

Abstract

The accountability of officials including judges is of prime importance. Therefore, every constitution provides a constitutional body responsible for hearing references against judges of the superior judiciary. Why Supreme Judicial Council is needed, what are its functions, and what are the challenges it has been facing in its proceedings? are the main questions to be answered in this study. Supreme Judicial Council is a constitutional body to hear references and can remove the judges of the superior judiciary on the grounds, if the judge concerned is unable to perform his duties, violate the code of conduct, or is guilty of misconduct. The Council may start proceedings against a judge either by its own initiative or by reference forwarded by the President of Pakistan. It examines the charges and submits its finding and recommendations to the President of Pakistan. Since its creation, it has initiated references against many judges but there are only a few cases where it has removed a judge because it is composed of the judges of the same superior judiciary. The feeling of fellowship influences the decisions of the Council. How functionality can be improved? To improve the functionality of the Supreme Judicial Council, a strict mechanism of check and balance by the executive and legislature over the council is needed. By strengthening the rule of law, open trial, and elimination of fellowship feelings can also improve its function and role and can overcome the challenges.