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Part VII: The Judicature

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  398[Majlis-e-Shoora (Parliament)] 398 or, until so determined, as may be fixed by the President.
 
177 Appointment of Supreme Court Judges.
 399[
(1) The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointment by the President in accordance with Article 175A.
 
] 399
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
(a) 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
(b) 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.
 
 400[
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.
 
] 400
180 Acting Chief Justice.
At any time when-
(a) the office of Chief Justice of Pakistan is vacant; or
(b) 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  406[one of the judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article.] 406 to act as Chief Justice of Pakistan.
 
181 Acting Judges.
(1) At any time when-
(a) the office of a Judge of the Supreme Court is vacant; or
(b) 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.
 407[Explanation.-In this clause, 'Judge of a High Court' includes a person who has retired as a Judge of a High Court.] 407
 
(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  408[in consultation with the Judicial Commission as provided in clause (2) of Article 175A,] 408may, in writing,-
(a) 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
(b) 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 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  409 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 judgments 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 I 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 judgments, decrees, final orders or sentences.
 
(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence
(a) 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
(b) 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
(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or
(d) 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  410[Majlis-e-Shoora (Parliament)] 410 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
(e) 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
(f) 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.
 
 
 411[
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.
 
] 411
187 Issue and Execution of Processes of Supreme Court.
(1)  412[Subject to clause(2) of Article 175, the] 412 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 or Orders by the Supreme Court.
The Supreme Court shall have power, subject to the provisions of any Act of  413[Majlis-e-Shoora (Parliament)] 413 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 through out 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.
 

Notes

398   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 "Parliament".
399   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 68 (with effect from April 19, 2010) for :
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
 
400   Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 6 (with effect from December 31, 2003) for :
179 Retiring Age.
 401[(1)] 401 A Judge of the Supreme Court shall hold office until he attains the age of  402[sixty-eight years] 402, unless he sooner resigns or is removed from office in accordance with the Constitution.
 
 403[] 403
 
401   Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 5 (with effect from September 16, 1976)
402   Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(4) (with effect from October 9, 2002) for "sixty-five years".
403   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 34 (with effect from March 2, 1985) : :
 404[
(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either:-
(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or
(b) to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.
 
(3) When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.
 
(4) A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.
 
(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.
 
] 404 405[
(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of the Supreme Court who attains the age of sixty-five years before he has held that office for a term of five years may continue to hold that office until he has completed that term.
 
] 405
404   Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 5 (with effect from September 16, 1976).
405   Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 2 (with effect from December 13, 1976).
406   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Section 6 (with effect from March 2, 1985) for "the most senior of the other Judges of the Supreme Court".
407   Inserted by Constitution (Amendment) Order, 1982 (President's Order No. 2 of 1982), Section 2 (with effect from February 27, 1982).
408   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 5 (with effect from January 1, 2011).
409   For appointment of Rawalpindi as the seat of the Supreme Court, see Gazette of Pakistan, 1974, Part III, page 1387.
410   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 "Parliament".
411   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 36 (with effect from March 2, 1985).
412   Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 7 (with effect from September 16, 1976) for "The".
413   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 "Parliament".

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