Constitution

Pakistan 1973 Constitution (reinstated 2002, reviewed 2018)

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PART VII. The Judicature

CHAPTER 1. THE COURTS

175. Establishment and jurisdiction of courts

  1. There shall be a Supreme Court of Pakistan, a High Court for each Province and a High Court for the Islamabad Capital Territory and such other courts as may be established by law.Explanation.- The word “High Court” wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.
  2. No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.
  3. The Judiciary shall be separated progressively from the Executive within fourteen years from the commencing day:Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at Serial No. 6 and 7 of sub-part III of Part I of the First Schedule, who claim, or are known, to belong to any terrorist group or organization using the name of religion or a sect.

    Explanation:- In this proviso, the expression “sect” means a sect of religion and does not include any religious or political party regulated under the Political Parties Order, 2002.

175A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court

  1. There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.
  2. For appointment of Judges of the Supreme Court, the Commission shall consist of-
    1. Chief Justice of Pakistan – Chairman;
    2. four most senior Judges of the Supreme Court – Members;
    3. a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the four member Judges, for a term of two years – Member;
    4. Federal Minister for Law and Justice – Member;
    5. Attorney-General for Pakistan – Member; and
    6. a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years – Member.
  3. Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.
  4. The Commission may make rules regulating its procedure.
  5. For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following, namely:-
    1. Chief Justice of the High Court to which the appointment is being made – Member;
    2. the most senior Judge of that High Court – Member:
    3. Provincial Minister for Law – Member; and
    4. an advocate having not less than fifteen years practice in the High Court to be nominated by the concerned Bar Council for a term of two years – Member:

    Provided that for appointment of the Chief Justice of a High Court, the most senior Judge mentioned in paragraph (ii) shall not be member of the Commission:

    Provided further that if for any reason the Chief Justice of High Court is not available, he shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii) of clause (2).

  6. For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely:-
    1. Chief Justice of the Islamabad High Court – Member; and
    2. the most senior Judge of that High Court – Member:

    Provided that for initial appointment of the Chief Justice and the Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:

    Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis, apply.

  7. For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also include the Chief Justice of the Federal Shariat Court and the most senior Judge of that Court as its members:Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos, to clause (5) shall, mutatis mutandis, apply.
  8. The Commission by majority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be.
  9. The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight members, namely:-
    1. four members from the Senate; and
    2. four members from the National Assembly:

    Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members from the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis, apply.

  10. Out of the eight members of the Committee, four shall be from the Treasury Benches, two from each House and four from the Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches by the Leader of the Opposition.
  11. Secretary, Senate shall act as the Secretary of the Committee.
  12. The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within fourteen days, failing which the nomination shall be deemed to have been confirmed:Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-fourth majority of its total membership within the said period:

    Provided further that if a nomination is not confirmed by the Committee it shall forward its decision with reasons so recorded to the Commission through the Prime Minister:

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    Provided further that if a nomination is not confirmed, the Commission shall send another nomination.

  13. The Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who shall forward the same to the President for appointment.
  14. No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof.
  15. The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained.
  16. The provisions of Article 68 shall not apply to the proceedings of the Committee.
  17. The Committee may make rules for regulating its procedure.

CHAPTER 2. THE SUPREME COURT OF PAKISTAN

176. Constitution of Supreme Court

The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of Majlis-e-Shoora (Parliament) or, until so determined, as may be fixed by the President.

177. Appointment of Supreme Court Judges

  1. The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointed by the President in accordance with Article 175A.
  2. A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
    1. has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
    2. has for a period of, or for periods aggregating, not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).

178. Oath of Office

Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.

179. Retiring age

A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.

180. Acting Chief Justice

At any time when-

  1. the office of Chief Justice of Pakistan is vacant; or
  2. the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to any other cause,

the President shall appoint the most senior of the other Judges of the Supreme Court to act as Chief Justice of Pakistan.

181. Acting Judges

  1. At any time when-
    1. the office of a Judge of the Supreme Court is vacant; or
    2. a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any other cause,

    the President may, in the manner provided in clause (1) of Article 177, appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court.

    Explanation.-In this clause, ‘Judge of a High Court’ includes a person who has retired as a Judge of a High Court.

  2. An appointment under this Article shall continue in force until it is revoked by the President.

182. Appointment of ad-hoc Judges

If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan, in Consultation with the Judicial Commission as provided in clause (2) of Article 175A, may, in writing,-

  1. with the approval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed; or
  2. with the approval of the President and with the consent of the Chief Justice of a High Court, require a Judge of that Court qualified for appointment as a judge of the Supreme Court,

to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.

183. Seat of the Supreme Court

  1. The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
  2. The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.
  3. Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint.

184. Original Jurisdiction of Supreme Court

  1. The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments.Explanation.-In this clause, “Governments” means the Federal Government and the Provincial Governments.
  2. In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgements only.
  3. Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article.

185. Appellate jurisdiction of Supreme Court

  1. Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgements, decrees, final orders or sentences of a High Court.
  2. An appeal shall lie to the Supreme Court from any judgement, decree, final order or sentence of a High Court-
    1. if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or
    2. if the High Court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or
    3. if the High Court has imposed any punishment on any person for contempt of the High Court; or
    4. if the amount or value of the subject-matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of Majlis-e-Shoora (Parliament) and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or
    5. if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or
    6. if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
  3. An appeal to the Supreme Court from a judgment decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.

186. Advisory Jurisdiction

  1. If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.
  2. The Supreme Court shall consider a question so referred and report its opinion on the question to the President.

186A. Power of Supreme Court to transfer cases

The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

187. Issue and execution of processes of Supreme Court

  1. Subject to clause (2) of Article 175, the Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.
  2. Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.
  3. If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.

188. Review of judgments of orders by the Supreme Court

The Supreme Court shall have power, subject to the provisions of any Act of Majlis-e-Shoora (Parliament) and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

189. Decisions of Supreme Court binding on other Courts

Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan.

190. Action in aid of Supreme Court

All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.

191. Rules of procedure

Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.

CHAPTER 3. THE HIGH COURTS

192. Constitution of High Court

  1. A High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President.
  2. The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.
  3. The President shall, by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit.
  4. The jurisdiction of a High Court may, by Act of Majlis-e-Shoora (Parliament), be extended to any area in Pakistan not forming part of a Province.

193. Appointment of High Court Judges

  1. The Chief Justice and each of other Judges of a High Court shall be appointed by the President in accordance with Article 175A.
  2. A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than forty-five years of age, and-
    1. he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
    2. he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or
    3. he has, for a period of not less than ten years, held a judicial office in Pakistan.

    Explanation.-In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office.

  3. In this Article, “District Judge” means Judge of a principal civil court of original jurisdiction.

194. Oath of Office

Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule:

Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court.

195. Retiring age

A Judge of a High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.

196. Acting Chief Justice

At any time when-

  1. the office of Chief Justice of a High Court is vacant, or
  2. the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to any other cause,

the President shall appoint one of the other Judges of the High Court, or may request one of the Judges of the Supreme Court, to act as Chief Justice.

197. Additional Judges

At any time when-

  1. the office of a Judge of a High Court is vacant; or
  2. a Judge of a High Court is absent or is unable to perform the functions of his office due to any other cause; or
  3. for any reason it is necessary to increase the number of Judges of a High Court, the President may, in the manner provided in clause (1) of Article 193, appoint a person qualified for appointment as a Judge of the High Court to be Additional Judge of the Court for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law.

198. Seat of the High Court

  1. Each High Court in existence immediately before the commencing day shall continue to have its principal seat at the place where it had such seat before that day.
  2. The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.
  3. Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting of such of the Judges as may be nominated by the Chief Justice.
  4. The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi; the High Court of Sindh shall have a Bench at Sukkur; the Peshawar High Court shall have a Bench each at Abbottabad, Mingora and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi and Turbat.
  5. Each of the High Courts may have Benches at such other places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court.
  6. A Bench referred to in clause (3), or established under clause (4), shall consist of such of the Judges of the High Court as may be nominated by the Chief Justice from time to time for a period of not less than one year.
  7. The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,-
    1. assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High Court; and
    2. for all incidental, supplemental or consequential matters.

199. Jurisdiction of High Court

  1. Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,-
    1. on the application of any aggrieved party, make an order-
      1. directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or
      2. declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or
    2. on the application of any person, make an order-
      1. directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
      2. requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or
    3. on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II.
  2. Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.
  3. An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law.
  4. Where-
    1. an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and
    2. the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest or State property or of impeding the assessment or collection of public revenues,

    the Court shall not make an interim order unless the prescribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunity of being heard and the Court, for reasons to be recorded in writing, is satisfied that the interim order-

    1. would not have such affect as aforesaid; or
    2. would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction.
  5. An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, State property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made:Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made.
  6. In this Article, unless the context otherwise requires,
    • “person” includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and
      “prescribed law officer” means-

      1. in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and
      2. in any other case, the Advocate-General for the Province in which the application is made.

200. Transfer of High Court Judges

  1. The President may transfer a Judge of a High Court from one High Court to another High Court, but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts:Explanation.-In this Article, “Judge” does not include a Chief Justice but includes a Judge for the time being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196.
  2. Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other than the principal seat of the High Court, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, or holds such other office, be entitled to such allowances and privileges, in addition to his salary, as the President may, by Order, determine.
  3. If at any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that Court may require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court:Provided that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.

    Explanation.- In this Article, “High Court” includes a Bench of a High Court.

201. Decision of High Court binding on subordinate Courts

Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all courts subordinate to it.

202. Rules of procedure

Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any court subordinate to it.

203. High Court to superintend subordinate Courts

Each High Court shall supervise and control all courts subordinate to it.

CHAPTER 3A. FEDERAL SHARIAT COURT

203A. Provisions of Chapter to override other provisions of Constitution

The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution.

203B. Definitions

In this Chapter, unless there is anything repugnant in the subject or context,-

  1. “Chief Justice” means Chief Justice of the Court;
  2. “Court” means the Federal Shariat Court constituted in pursuance of Article 203C;
  3. “Judge” means Judge of the Court;
  4. “law includes any custom or usage having the force of law but does not include the Constitution, Muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure.

203C. The Federal Shariat Court

  1. There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat Court.
  2. The Court shall consist of not more than eight Muslim Judges, including the Chief Justice, to be appointed by the President in accordance with Article 175A.
  3. The Chief Justice shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is or has been a permanent Judge of a High Court.
  4. Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema having at least fifteen years experience in Islamic law, research or instruction.
  5. The Chief Justice and a Judge shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine:Provided that a Judge of a High Court shall not be appointed to be a Judge except with his consent and, except where the Judge is himself the Chief Justice, after consultation by the President with the Chief Justice of the High Court.
  6. The Chief Justice, if he is not a Judge of the Supreme Court, and a Judge who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.
  7. The Chief Justice and a Judge shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.
  8. [omitted]
  9. The principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the Chief Justice may, with the approval of the President, appoint.
  10. Before entering upon office, the Chief Justice and a Judge shall make before the President or a person nominated by him oath in the form set out in the Third Schedule. by him
  11. At any time when the Chief Justice or a Judge is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chief Justice or, as the case may be, Judge.
  12. A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of a High Court:Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause.

203CC. Penal of Ulema and Ulema members

[Omitted by the Constitution (Second Amdt.) Order, 1981 (P.O. No. 7 of 1981), Art. 3, which was previously ins. by P.O. No. 5 of 1981, Art. 2.]

203D. Powers, jurisdiction and functions of the Court

  1. The Court may, either of its own motion or on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam.
  2. Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List or to the Provincial Government in the case of a law with respect to a matter not enumerated in the Federal Legislative List, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have its point of view placed before the Court.
  3. If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision
    1. the reasons for its holding that opinion; and
    2. the extent to which such law or provision is so repugnant;

    and specify the day on which the decision shall take effect:

    Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal.

  4. If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam,-
    1. the President in the case of a law with respect to a matter in the Federal Legislative List or the Governor in the case of a law with respect to a matter not enumerated in said List shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam; and
    2. such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.

203DD. Revisional and other jurisdiction of the Court

  1. The Court may call for and examine the record of any case decided by any criminal court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
  2. In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence:Provided that nothing in this Article shall be deemed to authorise the Court to convert a finding of acquittal into one of conviction and no order under this Article shall be made to the prejudice of the accused unless he has had an opportunity of being heard in his own defence.
  3. The Court shall have such other jurisdiction as may be conferred on it by or under any law.

203E. Powers and procedure of the Court

  1. For the purposes of the performance of its functions, the Court shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:
    1. summoning and enforcing the attendance of any person and examining him on oath;
    2. requiring the discovery and production of any document;
    3. receiving evidence on affidavits; and
    4. issuing commissions for the examination of witnesses or documents.
  2. The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.
  3. The Court shall have the power of a High Court to punish its own contempt.
  4. A party to any proceedings before the Court under clause (1) of Article 203D may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose.
  5. For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall be an aalim who, in the opinion of the Court, is well-versed in Shariat.
  6. A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam.
  7. The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.
  8. No court fee shall be payable in respect of any petition or application made to the Court under Article 203D.
  9. The Court shall have power to review any decision given or order made by it.

203F. Appeal to Supreme Court

  1. Any party to any proceedings before the Court under Article 203D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court:Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision.
  2. The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8) of Article 203E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.
  3. An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the Federal Shariat Court-
    1. if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years; or, on revision, has enhanced a sentence as aforesaid; or
    2. if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court.
  4. An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.
  5. For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of-
    1. three Muslim Judges of the Supreme Court; and
    2. not more than two Ulema to be appointed by the President to attend sittings of the Bench as ad hoc members thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema to be drawn up by the President in consultation with the Chief Justice.
  6. A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.
  7. Reference in clauses (1) and (2) to “Supreme Court” shall be construed as a reference to the Shariat Appellate Bench.
  8. While attending sittings of the Shariat Appellate Bench, a person appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction, and be entitled to the same privileges, as a Judge of the Supreme Court and be paid such allowances as the President may determine.

203G. Bar of jurisdiction

Save as provided in Article 203F, no court or tribunal, including the Supreme Court and a High Court, shall entertain any proceedings or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court.

203GG. Decision of Court binding on High Court and courts subordinate to it

Subject to Articles 203D and 203F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all courts subordinate to a High Court.

203H. Pending proceedings to continue, etc

  1. Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in any court or tribunal immediately before the commencement of this Chapter or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law for the time being in force.
  2. All proceedings under clause (1) of Article 203B of the Constitution that may be pending before any High Court immediately before the commencement of this Chapter shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred.
  3. Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter have power to grant an injunction or make any interim order in relation to any proceedings pending in any other court or tribunal.

203I. Administrative arrangements, etc

[Omitted by the Constitution (Second Amdt.) Order, 1982, (P.O. No. 5 of 1982), Art. 8.]

203J. Power to make rules

  1. The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
  2. In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:
    1. the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the Court;
    2. the form of oath to be made by a Jurisconsult, expert or witness appearing before the Court 2;
    3. the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chairman;
    4. the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and
    5. the decision of cases in which the members constituting a Bench are equally divided in their opinion.
  3. Until rules are made under clause (1), the Shariat Benches of Superior Courts Rules, 1979, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Chapter, continue in force.

CHAPTER 4. GENERAL PROVISIONS RELATING TO THE JUDICATURE

204. Contempt of Court

  1. In this Article, “Court” means the Supreme Court or a High Court.
  2. A Court shall have power to punish any person who-
    1. abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
    2. scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
    3. does anything which tends to prejudice the determination of a matter pending before the Court; or
    4. does any other thing which, by law, constitutes contempt of the Court.
  3. The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.

205. Remuneration etc., of judges

The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule.

206. Resignation

  1. A Judge of the Supreme Court or of a High Court may resign his office by writing under his hand addressed to the President.
  2. A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.

207. Judge not to hold office of profit, etc

  1. A Judge of the Supreme Court or of a High Court shall not-
    1. hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or
    2. occupy any other position carrying the right to remuneration for the rendering of services.
  2. A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of a Law Commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office.
  3. A person who has held office as a permanent Judge-
    1. of the Supreme Court, shall not plead or act in any court or before any authority in Pakistan;
    2. of a High Court, shall not plead or act in any court or before any authority within its jurisdiction; and
    3. of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any court or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the permanent bench of that High Court to which he was assigned.

208. Officers and servants of Courts

The Supreme Court and the Federal Shariat Court, with the approval of the President and a High Court, with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of employment.

209. Supreme Judicial Council

  1. There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
  2. The Council shall consist of-
    1. the Chief Justice of Pakistan;
    2. the two next most senior Judges of the Supreme Court; and
    3. the two most senior Chief Justices of High Courts.

    Explanation.-For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than as acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

  3. If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then-
    1. if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
    2. if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts,

    shall act as a member of the Council in his place.

  4. If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
  5. If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court-
    1. may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
    2. may have been guilty of misconduct,

    the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.

  6. If, after inquiring into the matter, the Council reports to the President that it is of the opinion-
    1. that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
    2. that he should be removed from office, the President may remove the Judge from office.
  7. A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
  8. The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.

210. Power of Council to enforce attendance of persons, etc

  1. For the purpose of inquiring into any matter, the Council shall have the same power as the Supreme Court has to issue directions or orders for securing the attendance of any person or the discovery or production of any document; and any such direction or order shall be enforceable as if it had been issued by the Supreme Court.
  2. The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court and a High Court.

211. Bar of jurisdiction

The proceedings before the Council, its report to the President and the removal of a Judge under clause (6) of Article 209 shall not be called in question in any court.

212. Administrative Courts and Tribunals

  1. Notwithstanding anything hereinbefore contained the appropriate Legislature may by Act provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of-
    1. matters relating to the terms and conditions of persons who are or have been in the service of Pakistan, including disciplinary matters;
    2. matters relating to claims arising from tortious acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or
    3. matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.
  2. Notwithstanding anything hereinbefore contained where any Administrative Court or Tribunal is established under clause (1), no other court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal; other than an appeal pending before the Supreme Court, shall abate on such establishment:Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, Majlis-e-Shoora (Parliament) by law extends the provisions to such a Court or Tribunal.
  3. An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.

212A. Establishment of Military Courts or Tribunals

[Omitted by S.R.O. No. 1278 (1) 85, dated 30-12-85, read with proclamation of withdrawal of Martial Law dated 30-12-85 see Gaz. of P. 1985, Ext., Pt. 1, dated 3 0-12-85, pp. 431-432, which was previously added by P.O. No. 21 of 1979, Art. 2.]

212B. Establishment of Special Courts for trial of heinous offences

[Repealed by the Constitution (Twelfth Amdt.) Act, 1991 (14 of 1991), s. 1 (3), (w.e.f 26th July, 1994), which was previously added by Act 14 of 1991 s. 2, (w.e.f 27th July, 1991).]

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