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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  381[ and a High Court for the Islamabad Capital Territory ] 381and such other courts as may be established by law.
 382[Explanation.- Unless the context otherwise requires, the words "High Court" wherever occurring in the Constitution shall include "Islamabad High Court.] 382
 
(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  384[fourteen] 384 years from the commencing day.
 
 385[Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts metnioned at serial No. 6, 7, 8 and 9 of sub-part III or Part I of the First Schedule, who claims, or is 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.
] 385
 
 386[
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--
(i) Chairman
Chief Justice of Pakistan;
(ii) Members
 387[four] 387 most senior Judges of the Supreme Court;
(iii) Member
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  388[four] 388 member Judges, for a period of two years;
(iv) Member
Federal Minister for Law and Justice;
(v) Member
Attorney-General for Pakistan; and
(vi) Member
a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years.
 
(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:-
(i) Member
Chief Justice of the High Court to which the appointment is being made;
(ii) Member
the most senior Judge of that High Court;
(iii) Member
Provincial Minister for Law; and
 389[
(iv) Member
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:
] 389
 390[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 futher that if for any reason the Chief Justice of a High Court is not available, he shall be substituted by a former Chief Justice or former Judge of that Court, to be nomicated by the Chief Justice of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii) of clause (2).] 390
 
(6) For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely:-
(i) Member
Chief Justice of the Islamabad High Court; and
(ii) Member
the most senior Judge of that High Court
Provided that for initial appointment of the  391[Chief Justice and the] 391 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 invlude 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:-
(i) four members from the Senate; and
(ii) four members from the National Assembly 392[:] 392
 393[Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members of the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis apply.] 393
 
(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:
 394[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:] 394
 395[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:
Provided further that if a nomination is not confirmed, the Commission shall send another nomination.] 395
 
 396[
(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.
 
] 396
(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.
 
 397[
(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.
 
] 397
 398[(17)] 398 The Committee may make rules for regulating its procedure.
 
 
] 386

Notes

381   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 66 (with effect from April 19, 2010).
382   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 3 (with effect from January 1, 2011) for :
 383[ Explanation:- The words "High Court" wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory. ] 383
383   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 66 (with effect from April 19, 2010).
384   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "five".
385   Inserted by Constitution (Twenty-First Amendment) Act, 2015, Article 2 (with effect from January 7, 2015).
386   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 67 (with effect from April 19, 2010).
387   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(a)(i) (with effect from January 1, 2011) for "two".
388   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(a)(ii) (with effect from January 1, 2011) for "two".
389   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(b)(i) (with effect from January 1, 2011) for :
(iv) Member
a senior advocate to be nominated by the Provincial Bar Council for a period of two years:
390   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(b)(ii) (with effect from January 1, 2011) for :
Provided that for appointment of Chief Justice of a High Court, the most senior Judge of the Court 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 two member Judges of the Commission in clause (2):
Provided further that if for any reason the Chief Justice of High Court is not available, he shall also be substituted in the manner as provided in the foregoing proviso.
391   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(c) (with effect from January 1, 2011).
392   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(d) (with effect from January 1, 2011) for ".".
393   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(d) (with effect from January 1, 2011).
394   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(e)(i) (with effect from January 1, 2011) for :
Provided that the Committee may not confirm the nomination by three-fourth majority of its total membership within the said period, in which case the Commission shall send another nomination.
395   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(e)(ii) (with effect from January 1, 2011).
396   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(f) (with effect from January 1, 2011) for :
(13) The Committee shall forward the name of the nominee confirmed by it or deemed to have been confirmed to the President for appointment.
 
397   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(g) (with effect from January 1, 2011).
398   Renumbered from "(15)". by Constitution (Ninetenth Amendment) Act, 2010, Section 4(g) (with effect from January 1, 2011)

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