INTRODUCTION
The Supreme Court is the highest court in Pakistan. It is both a constitutional and an ordinary court of law. All decisions of the Supreme Court of Pakistan are binding on all the courts in Pakistan. The Principal seat of the Supreme Court is in Islamabad and Branch Registries are in the provincial capitals of Lahore, Peshawar, Quetta, and Karachi.
RELEVANT PROVISIONS
Article 175A. 176 to 191 of the Constitution 1973 of Pakistan deal with the Supreme Court.
COMPOSITION
The Supreme Court shall consist of a Chief Justice and 16 permanent judges and other adhoc judges may be determined.
APPOINTMENT OF SUPREME COURT JUDGES
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.
QUALIFICATION FOR SC JUDGES
A person can be appointed a judge of the Supreme Court on the basis of the following merits.
- He must be a citizen of Pakistan
- He has been a High Court Judge for at least five years
- He has been an advocate of a High Court for fifteen years
OATH OF OFFICE
Before entering the office, the Chief Justice shall take oath of his office before the President of Pakistan and other Judges shall take oath of their office before the Chief Justice of Pakistan.
RETIRING AGE
The age of retirement for the Judge of the Supreme Court of Pakistan is 65 years.
ACTING CHIEF JUSTICE
In the absence of a Chief Justice, the president of Pakistan appoints a senior judge to act as Chief Justice.
ACTING JUDGE of SC
In case the office of a judge of the supreme court is vacant, president may appoint a judge of the High Court who is qualified for appointment as judge of the Supreme Court.
ADHOC JUDGE
The Chief Justice of Pakistan may request the president of Pakistan, in consultation with the Judicial Commission as provided in clause (2) of Article 175A, to appoint temporarily the number of Judges in the Supreme Court. An ad-hoc Judge so appointed shall have the same power and Jurisdiction as the Supreme Court.
REMOVAL
After inquiring into the matter the Co-cil reports to the President and on grounds of his opinion, the President may remove the Judge from office on the following grounds.
- If the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
- The President can remove the Judge from office.
POWERS & FUNCTIONS OF THE SUPREME COURT
1. ORIGINAL JURISDICTION
The original jurisdiction means that the Supreme Court can be approached with regard to such matters without contacting any other, court of law. The Supreme Court has also original Jurisdiction in the enforcement of fundamental rights Following are the original jurisdiction of the Supreme Court.
Dispute between two or more Governments: The Supreme Court shall to the exclusion of every other court, have original jurisdiction over any disputes between two or more governments (Provincial Governments).
Declaratory Judgment: In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court pronounces declaratory judgment only.
Element of public interest: Without prejudice to the provision of Article 199, the Supreme Court shall have the power to make an order of the nature mentioned in the said Article. If it considers that the question of public importance with reference to the enforcement of fundamental rights is involved.
2. APPELLATE JURISDICTION
The Supreme has Appellate Jurisdiction to hear appeals. It also determines appeals from Judgement decrees, orders, or sentences of a High Court.
3. ADVISORY JURISDICTION
If at any time president considers that it is desirable to obtain the opinion of the Supreme Court on any Question of the law of public importance he may refer the question to the Supreme Court The Supreme Court shall consider such a question and reports its opinion to the president who may or may not accept it.
4. SUO MOTO JURISDICTION
The Supreme Court has suo motu Jurisdiction.
5. OTHER POWERS OF THE SUPREME COURT
TRANSFER OF CASES:
Supreme court can transfer any case appeal or other proceeding pending before any high court to any high court to any other high court.
REVISION POWER:
The Supreme Court has power to review any judgement or any order made by it.
BINDING EFFECT OF DECISIONS:
The decisions of the Supreme Court of Pakistan have a Binding effect on the subordinate courts.
RULES AND REGULATIONS:
The Supreme Court makes rules that regulate its own practice and procedure.
PROTECTION OF FUNDAMENTAL RIGHTS:
The Supreme Court protects the fundamental rights of the citizen.
TO ISSUE DIRECTION:
According to Article 187, the Supreme Court has the power to issue such directions as may be necessary for doing complete justice in any case or matter pending before it.
INTERPRETATION OF THE CONSTITUTION:
The Supreme Court is empowered to interpret the constitution of the Islamic Republic of Pakistan.
GUARDIAN OF THE CONSTITUTION:
The Supreme Court is the guardian of the Constitution.
JUDICIAL COMMISSION FOR APPOINTMENT OF JUDGES
There shall be a judicial commission, for the appointment of Judges of the Supreme Court, High Court, and the Federal Shariat Court.
COMPOSITION OF THE COMMISSION
The President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan. For the appointment of Judges of the Supreme Court, the Commission shall consist of the following.
- Chairman; Chief Justice of Pakistan
- Four Members Senior Judges of the Supreme Court
- One member will be a Former judge
- One member will be a Federal Minister for law
- One member Attorney General for Pakistan
- One member Senior Advocate of the Supreme Court
FUNCTION OF THE COMMISSION
The Commission may make rules regulating its procedure.
CONCLUSION
It is concluded that the Supreme Court is the highest court in Pakistan. Chief Justice is appointed by the President and other Supreme Court judges are nominated by the Chief Justice through consultation of judicial commission to appoint.
FAQs
The Supreme Court of Pakistan is the highest forum to adjudicate Constitutional Matters and discuss the jurisdiction of the Supreme Court of Pakistan with regard to Original, Appellate, and Advisory jurisdictions.
(2019-S)
Write a short note on the method of appointment of judges of superior courts in Pakistan.
(2018-A)
Write short note appointment procedure of judges in the superior courts under Article 175-A.
(2017-S)
Discuss the jurisdiction of the Supreme Court of Pakistan under the relevant provision of the Constitution of Pakistan, 1973.
(2017-A)
Discuss the Jurisdiction of the Supreme Court of Pakistan in the light of articles 184, 185, 186, 187, and 188 of the Constitution.
(2016-A)
Discuss the jurisdiction of the Supreme Court under Articles 184, 185, 186-A of the 1973 Constitution.
(2015-A)
What do you mean by Judicature in Pakistan? Discuss various kinds of jurisdictions conferred on the Supreme Court of Pakistan under the Constitution.
(2013-A)
The Supreme Court of Pakistan is the highest court in the country. What is the procedure for the appointment of its judges?
(2012-A)
How many kinds of jurisdictions is the Supreme Court of Pakistan can exercise?
(2012-S)
