Karachi bar questions unofficial 45-year age limit for High Court judges

The Karachi Bar Association (KBA) has formally urged the Judicial Commission of Pakistan (JCP) to clarify reports suggesting the existence of an unofficial age preference for appointments to the country's high courts.

The Karachi Bar Association (KBA) has formally urged the Judicial Commission of Pakistan (JCP) to clarify reports suggesting the existence of an unofficial age preference for appointments to the country’s high courts. In a letter addressed to the commission, the association expressed concern over media reports indicating that candidates below the age of 45 are less likely to be considered for elevation as High Court judges, despite meeting all constitutional requirements.

According to the Karachi Bar, the Constitution of Pakistan clearly defines the eligibility criteria for appointment as a High Court judge. Following the 26th Constitutional Amendment, the minimum age requirement has been set at 40 years, along with the prescribed legal experience. The association argued that any informal practice favoring candidates aged 45 or above could undermine the constitutional framework established by Parliament.

The letter emphasizes that judicial appointments are a matter of significant constitutional importance and must be carried out in accordance with the law. The KBA stated that introducing an unwritten age threshold would effectively alter the eligibility criteria approved through constitutional amendments, raising concerns about transparency and fairness in the appointment process.

The association further maintained that if any formal or informal policy regarding a higher age threshold exists, it should be publicly disclosed and examined for its compatibility with constitutional provisions and fundamental rights. The KBA stressed that the Judicial Commission does not possess legislative authority to modify or expand eligibility requirements beyond those explicitly provided in the Constitution.

Highlighting the qualities expected of members of the higher judiciary, the Karachi Bar noted that integrity, professional competence, independence, courage, and commitment to the Constitution should remain the primary considerations during the selection process. It argued that age alone should not become a determining factor if a candidate fulfills all constitutional and legal qualifications.

The association has called on the Judicial Commission to issue an official clarification regarding the reported age-related policy to eliminate uncertainty and maintain public confidence in the judicial appointment process. A clear and transparent explanation, the KBA believes, would help ensure that appointments to the superior judiciary continue to reflect constitutional principles, merit, and equal opportunity for all eligible candidates.

The issue has sparked discussion within Pakistan’s legal community, with many practitioners emphasizing that transparency in judicial appointments is essential for strengthening the rule of law and preserving the independence of the judiciary.