|
203A
| Provisions of Chapter to override other Provisions of Constitution The provisions or 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
601[
|
(a)
|
"Chief Justice" means, Chief Justice of
the Court;
|
] 601
|
(b)
|
"Court" means the Federal Shariat Court
constituted in pursuance of Article 203C;
|
602[
|
(bb)
|
"judge" means judge of the Court; |
] 602
|
(c)
|
"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 603[ten] 603 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; and
|
606[] 606 |
| |
|
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.
|
| |
607[
|
(2)
|
The Court shall consist of not more than
eight Muslim 608[Judges] 608, including the 609[Chief Justice] 609,
to be appointed by the President 610[in accordance with Article 175A] 610.
|
| |
] 607 612[
|
(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 613[or a Judge of the Federal Shariat Court qualified to be a Judge of the Supreme Court] 613.
|
| |
|
(3A)
|
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 614[having at least fifteen years experience in Islamic law, research or instruction] 614.
|
| |
] 612
|
(4)
|
The 615[Chief Justice] 615 and a 616[Judge] 616 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 617[] 617
except with his consent and 619[, except where the Judge is,
himself the Chief Justice,] 619 after consultation by the President
with the Chief Justice of the High Court.
|
| |
620[
|
(4A)
|
The 621[Chief Justice] 621, if he is not a
Judge of the Supreme Court, and a 622[Judge] 622 who is not a
Judge of a High Court, may, by writing under his hand addressed
to the President, resign his office.
|
| |
] 620 623[ 624[
|
(4B)
|
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.
|
| |
] 624 625[] 625] 623 626[] 626
|
(6)
|
The Principal seat of the Court shall be at
Islamabad, but Court may from time to time sit in such other
places in Pakistan as the 628[Chief Justice] 628 may, with the
approval of the President, appoint.
|
| |
|
(7)
|
Before entering upon office, the 629[Chief Justice] 629
and a 630[Judge] 630 shall make before the President or a
person nominated by him oath in the form set out in the Third Schedule.
|
| |
|
(8)
|
At any time when the 631[Chief Justice] 631 or a
632[Judge] 632 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 633[Chief Justice] 633 or, as the case
may be, 634[Judge] 634.
|
| |
635[
|
(9)
|
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.
|
| |
] 635 |
| |
613
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 18
(with effect from
October 21, 2024).
624
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 74(iv)
(with effect from
April 19, 2010) for :
|
(4B)
|
The President may, at any time, by order in
writing,
|
(a)
|
modify the term of appointment of a Judge; |
|
(b)
|
assign to a Judge any other office; and |
|
(c)
|
require a Judge to perform such other
functions as the President may deem fit; and pass such other
order as he may consider appropriate.
|
Explanation: In this clause and clause (4C),
"Judge" includes Chief Justice.
|
| |
625
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Section 74(v)
(with effect from
April 19, 2010) : :
|
(4C)
|
While he is performing the functions which he is
required under clause (4B) to perform or holding any other
office assigned to him under that clause, a Judge shall be
entitled to the same salary, allowances and privileges as are
admissible to the Chief Justice or, as the case may be, Judge of
the Court.
|
| |
626
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Section 74(v)
(with effect from
April 19, 2010) : :
|
(5)
|
A Judge of a High Court who does not accept
appointment as a 627[Judge] 627 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.
|
| |
642
The following was omitted by
Constitution (Second Amendment) Order, 1981 (President's Order No. 7 of 1981), Section 3
(with effect from
May 27, 1981) : :
643[
|
203CC
| Panel of Ulema and Ulema members.
|
(1)
|
The President may, in consultation with the Chairman, draw up a
panel of Ulema who are well-versed in Islamic law for being
associated with the Court in cases before it.
|
| |
|
(2)
|
The Chairman shall, in all cases before the Court, request the
Ulema not exceeding three, borne on aforesaid panel to attend the
sittings of the Court as Ulema members and, while so sitting, they
shall have the same power and jurisdiction, and be entitled to the
same privileges, as a member and such allowances as may be
determined by the President.
|
| |
|
| |
] 643
650
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 18
(with effect from
October 21, 2024) for ".".
651
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 19
(with effect from
October 21, 2024).
660
Substituted by
Constitution (Third Amendment) Order, 1982 (President's Order No. 12 of 1982), Section 2
(with effect from
August 15, 1982) for :
|
(3)
|
For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court
a Bench consisting of three Muslim Judges of the Supreme Court, to be called the Shariat Appellate Bench, and reference in
the preceding clauses to "Supreme Court" shall be construed as a reference to the Shariat Appellate Bench.
|
| |
662
The following was omitted by
Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 8
(with effect from
March 22, 1982) : :
|
203I
| Administrative arrangements, etc. The Federal Government shall make all such administrative arrangements, and make available to the Court the services of such
officers and experts, as it may consider necessary for the convenient performance of the functions of the Court. |
| |