The government is considering changes to Article 200 of the Constitution, which deals with the transfer of judges from one high court to another without their consent. This amendment is part of a larger ‘Constitutional Package’ being finalized by legal experts in the government.

Currently, judges cannot be transferred without their consent and consultation with the Chief Justice of Pakistan and both high courts. The proposed amendment would remove the requirement for the judge’s consent, allowing transfers with consultation with relevant authorities.

Experts have mixed responses to the proposed change; government denies bill under study

There have been past instances of judges being transferred between high courts, and the amendment aims to streamline this process. However, some legal experts and bar associations have raised concerns about the government’s intentions and timing for this amendment.

Despite the controversy, a senior government official has hinted at presenting the bill in parliament soon, with hopes of securing passage through both houses.

Published in Dawn, August 25th, 2024