The proceedings before the Supreme Court in the Twenty-Sixth Amendment case have revived a crucial constitutional question regarding the creation of "Constitutional Benches" under Article 191A. Yet amid the extensive debate, a central textual issue has been overlooked — the absence of a proper machinery provision that would allow Article 191A to operate effectively.

Article 175A of the Constitution provides the framework for a Judicial Commission of Pakistan responsible for appointments to the superior judiciary. The provision is elaborate and deliberate. Sub-article (2) establishes a Commission for the appointment of judges to the Supreme Court; sub-article (5) for the Provincial High Courts; sub-article (6) for the Islamabad High Court; sub-article (7) for the Federal Shariat Court; and sub-article (18) entrusts the Commission under sub-article (2) with conducting annual performance evaluations of the judges of the High Courts. Read together, these clauses demonstrate that the Constitution does not envisage a single, overarching "Judicial Commission of Pakistan", but rather distinct Judicial Commissions constituted with specific powers and functions spelt out in different........

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