Notes for Part VII, Chapter 2
- 160.
- See footnote 2.
- 161.
- Article 179 substituted by the Constitution (Seventeenth Amendment) Act, 2003, section 6, for the following:
- 179.
- [161A]
- (1) A Judge of the Supreme Court shall hold office until he
attains the age of [161B][sixty-eight years], unless he sooner resigns or is
removed from office in accordance with the Constitution.
- [162] * * *
- 161A.
- Article 179 renumbered as clause (1) of that Article, by the
Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section
5(with effect from September 13, 1976.
- 161B.
- Substituted for the words "sixty-five years" by the Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) which amends the Legal Framework Order, 2002 (Chief Executive's Order No. 24 by inserting sched. item 17A).
- 162.
- New clauses (2) to (5) added by the Constitution (Fifth
Amendment) Act, 1976 (62 of 1976), section 5 (with effect from
September 13, 1976) and clause (6) added by Constitution (Sixth
Amendment) Act, 1976,(84 of 1976) (with effect from December 31,
1976), omitted by P.O.No.14 of 1985 Art. 2 and Sch. item 34, (with
effect from March 2, 1985) read as under:
- "(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.
- (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."
- 163.
- Substituted by P.O.No. 14 of 1985, Art. 2 and Sch. item 36
(with effect from March 2, 1985), for the words "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."
- 164.
- Added by Constitution (Amendment) Order, 1982: P.O.No.2 of
1982, section 2,(with effect from February 27, 1982).
- 165.
- For appointment of Rawalpindi as the seat of the Supreme Court,
see Gazette of Pakistan, 1974, Part III, page 1387.
- 166.
- See footnote 2.
- 167.
- Inserted by P.O.No.14 of 1985, Art. 2 and Sch. item 36 (with
effect from March 2, 1985).
- 168.
- Substituted by the Constitution (Fifth Amendment) Act, 1976 (62
of 1976), section 7, for "The" (with effect from September 13,
1976).
- 169.
- See footnote 2.
