COURT SYSTEM OF PAKISTAN

Court System of Pakistan

Pakistan’s Judicial System stems directly from the system that was used in British India as on independence in 1947, and the Government of India Act 1935 was retained as a provisional Constitution. As a consequence, the legal and judicial system of the British period continued with due adaptations and modifications, where necessary, to suit the requirements of the new Republic.

Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for.

Azad Jammu and Kashmir and Gilgit-Baltistan have separate Court Systems.

Supreme Court of Pakistan

Supreme Court is the apex court in Pakistan’s Court System and is the final arbiter of all legal and constitutional matters. The permanent seat of the Supreme Court is in Islamabad, while it has Branch Registries in all four provincial capitals i.e. Lahore, Karachi, Peshawar and Quetta.

Supreme Court of Pakistan

The Supreme Court of Pakistan established in 1956. The Supreme Court is made up of 17 permanent judges. It has a number of de-jure powers which are outlined in the Constitution, including Appellate and Constitutional Jurisdiction, and Suo-Moto power to try Human Rights matters.

Through several periods of military rule and constitutional suspensions, the court has also established itself as a de-facto check on military power. The Supreme Court Judges are supervised by the Supreme Judicial Council, which may hear complaints brought against any of them.

Constitution of Pakistan, 1973
Article	Name	Description
Article 175	Constitution of Supreme Court	There shall be a Supreme Court of Pakistan  There shall be a High Court for each Province  There shall be a High Court for the Islamabad Capital Territory  And such other courts as may be established by law.
Article 176	Composition of Court	There shall be 01 Chief Justice and 16 Justices/Judges of Supreme Court of Pakistan
Article 177	Appointment and qualifications of the Chief Justice/Judges	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.  Justices must be citizen of Pakistan.  At least 5 years of experience as judge of High Court/At least 15 years of experience as Advocate of High Court.
Article 178	Oath of Office	·  Oath of HCJ before President and Oath of other judges before President and HCJ ·   Form set out in Third Schedule
Article 179	Retiring age	·  Judge of Supreme Court shall retire at the age of 65 years
Article 180	Acting Chief Justice	·  When HCJ office is vacant due to his absent or inability to perform, then ·     The President shall appoint the most senior judge as HCJ
Article 181	Acting Judges	·       When any judge office is vacant due to his absent or inability to perform, then ·   President and HCJ shall appoint a Judge of High Court who is qualified for appointment as a judge of Supreme Court to act temporarily as a Judge of Supreme Court
Article 182	Appointment of AD-hoc Judges	·    HCJ in consultation with Judicial Commission and with the approval of the President may appoint any extra judge who is qualifying for appointment as a judge of the Supreme Court. If needed.
Article 183	Seat of Supreme Court	·   The permanent seat of Supreme Court shall be at Islamabad. ·    The Supreme Court may from time to time sit in such other places as HCJ, with the approval of the President, may appoint.
Article 184	Original Jurisdiction of     Supreme Court	· Jurisdiction in a dispute between two or more governments ·    Government means Federal or Provincial Government ·   Supreme Court shall pronounce declaratory judgments ·  Supreme Court shall enforce the Fundamental Rights under article 199
Article 185	Appellate Jurisdiction of Supreme Court	·   Supreme Court shall have jurisdiction to hear and determine appeals from Judgments, decrees, final orders or sentences of a High Court.
Article 186	Advisory Jurisdiction	·    President may ask opinion from Supreme Court on any question of law.
Article 186A	Power of Supreme Court to transfer cases	·    Supreme Court may transfer any case, appeal or other proceedings pending before any HC to any other High Court for the interest of Justice.
Article 187	Issue and execution of processes of Supreme Court	·   Order/directions/decrees for complete justice, securing attendance of any person or discovery or production of any document · Order/directions/decrees shall be enforceable throughout Pakistan
Article 188	Review of Judgments of orders by the Supreme Court	·      Supreme Court can review any act/order/judgment of Majlis-e-Shoora (Parliament) and rules made by Supreme Court.
Article 189	Binding nature of Decisions	·    Binding nature of Supreme Court's decisions on all other Pakistani Courts
Article 190	Action in aid of Supreme Court	·     All executive and judicial authorities in Pakistan bound to aid the Supreme Court
Article 191	Rules of Procedure	·     Subject to constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.

Court System of Pakistan

Jurisdiction of Supreme Court

Jurisdiction of Supreme Court
Article	Description
Article 184	Original Jurisdiction in inter-governmental disputes, issues declaratory judgments. Enforcement of fundamental rights involving an issue of public importance.
Article 185	Appeal from judgment/order of High Court in criminal cases, tried in original and/or appellate capacity and having imposed death penalty or life imprisonment.  Appeal in civil cases when the value of claim exceeds fifty thousand rupees.   Appeal when High Court certifies that the case involves interpretation of the Constitution   Appeal (subject to grant of leave) from High Court judgment/order
Article 186	Advisory jurisdiction on any question of law involving public importance referred by the President.
Article 187	To issue directions/orders for doing complete justice in a pending case/matter
Article 188	To review any of its own judgment/order
Article  204	Punish for its contempt
Article 212	Appeal from administrative courts/tribunals
Article 203F	Its Shariat Appellate Bench hears appeals from Judgments/order of Federal Shariat Court

Functions of Supreme Court

·         Ultimate Appeal

·         Explicit Power

·         Overturn Presidential Order

·         Custodian of citizen rights