ISLAMABAD: The government is reportedly planning to amend Article 200 of the Constitution, which currently requires a judge’s consent before transferring them from one high court to another. The proposed amendment, part of a broader ‘Constitutional Package,’ seeks to remove the consent requirement, allowing transfers to occur with only the consultation of the Chief Justice of Pakistan (CJP) and the chief justices of the involved courts.
Under the existing law, the President can transfer a judge between high courts, but only with the judge’s consent after consulting with the CJP and the respective chief justices. The proposed change would omit the phrase “with his consent,” thereby simplifying the transfer process.
This potential amendment has sparked mixed reactions. Some legal experts argue that the current consent requirement has rendered the provision largely ineffective, while others, including the Islamabad High Court Bar Association, express concerns about the government’s intentions, suggesting that the move could be politically motivated.
Despite these concerns, government sources claim that the ruling coalition is working quietly on the draft amendment and is confident it will pass in parliament, although the coalition currently lacks a two-thirds majority necessary for constitutional amendments. However, the Law and Justice Ministry has not officially confirmed any such development.
The proposed amendment revives discussions on the balance of power within the judiciary and the executive’s role in judicial appointments and transfers.
