LEGAL
The Khyber Pakhtunkhwa government has amended the Khyber Pakhtunkhwa Judicial Service Rules, removing the condition of two years of legal practice for appointment as a civil judge and introducing a merit-based selection process.
According to an official notification, the principle of seniority-cum-fitness has been abolished under Judicial Service Rule 5, and appointments and promotions in the judicial service will now be made strictly on merit. The amendments mark a significant shift in the procedure for recruitment and promotion within the provincial judiciary.
The notification further stated that promotions will be made on the recommendation of the Departmental Promotion Committee (DPC). It clarified that regular promotions from BPS-19 to BPS-21 will not be possible without completing the required length of service.
In addition, the amended rules have made it mandatory for judicial officers to complete prescribed training and pass relevant examinations in order to qualify for promotion.
Reacting to the development, the Khyber Pakhtunkhwa Bar Council strongly opposed the new procedure for the appointment of civil judges. The Bar Council said it rejected the decision to appoint judges without prior legal experience, warning that the move could adversely affect the quality of justice delivery.
The Bar Council urged the provincial government to immediately withdraw the amendments, stressing that practical legal experience is essential for judicial officers, particularly at the level of civil judges, who deal directly with litigants and grassroots-level disputes.
The amendments have sparked debate within legal circles, with concerns being raised over judicial competence, training standards, and the long-term impact on the justice system in Khyber Pakhtunkhwa.