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NASEEB MASIH vs PRESIDENT OF PAKISTAN R — 2026 PLD 386 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 PLD 386 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
PLD
Parties
NASEEB MASIH vs PRESIDENT OF PAKISTAN R
Subject matter
Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NASEEB MASIH VS PRESIDENT OF PAKISTAN R.6---Constitution of Pakistan, Art.175-A---Minority quota in superior judiciary---Petition for fixation of 5% representation---Constitutional scheme of judicial appointments---Non-applicability of quota system in superior judiciary---Petitioner filed aconstitutional petition seeking directions for fixation of a 5% quotafor minorities in the superior judiciary---The High Court examined whether such a quota could be constitutionally mandated, considering the framework of Art.175-A of the Constitution, which governed judicial appointments through the Judicial Commission of Pakistan based on merit and diversity considerations---The core issue in the present matter was "whether quota-based appointments could be introduced in the superior judiciary?"---Held: Petitioner mainly focused on the 5% quota for minorities---The judicial service was not a traditional form of employment and was separate from other services---Members of other services could not be equated with members of the judiciary, either constitutionally or functionally---Therefore, the 5% quota could not be considered to prioritize the judiciary or the High Court---It was, hence, not appropriate to compromise on merit---Present petition, being devoid of any merits, was dismissed, in circumstances.

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