Chapter 3: The High Courts
| Constitution of High Court.
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| Appointment of High Court Judges. 418[
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| Oath of Office Before entering upon office, the Chief. Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule 422[:] 422 423[Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court. ] 423 |
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| Retiring Age A judge of the High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution. |
| Acting Chief Justice. At any time when-
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| Additional Judges. At any time when-
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| Seat of the High Court.
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| Jurisdiction of High Court.
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| Transfer of High Court Judges
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| Decision of High Court binding on Subordinate Courts. Subject to Article 189, any decision of a High 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 courts subordinate to it. |
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| Rules of Procedure Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any court subordinate to it. |
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| Hight Court to superintend Subordinate Courts Each High Court shall supervise and control all courts subordinate to it. |
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Notes
415
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 8
(with effect from
December 1, 1976) for :
(2) Notwithstanding anything contained in Article 175, any two provinces may, with the consent of the President, agree that there shall be a common High Court for the two Provinces, and the President shall establish a common High Court accordingly. Explanation.- The Sind and Baluchistan High Court as functioning immediately before the commencing day shall be deemed to have been established under this clause.(3) A High Court established under clause (2) shall have jurisdiction in both the Provinces for which it has been established. (4) The agreement referred to in clause (2) shall contain such incidental and consequential provisions, including provisions relating to sharing of expenditure connected with the high Court, as may appear necessary or desirable for giving effect to the purposes of the agreement and shall specify by which Governor any function which is to be discharged by the Governor of a Province under this Chapter shall be discharged in respect of the High Court, and the Governor so specified shall have the power to discharge that function.
416
For such Order in respect of establishment of High Courts for Baluchistan and Sind, see the President's Order No. 6 of 1976
of November 29, 1976, Gazette of Pakistan, 1976, Extraordinary, Part I, pages 595-99.
417
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".
418
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 69(i)
(with effect from
April 19, 2010) for :
(1) A Judge of a High Court shall be appointed by the President after consultation- except where the appointment is that of Chief Justice, with the Chief Justice of the High Court.
(a) with the Chief Justice of Pakistan; (b) with the Governor concerned; and
419
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 69(ii)
(with effect from
August 21, 2002) for " 420[forty-five] 420".
420
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 "forty".
421
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 8
(with effect from
May 4, 1974).
422
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 70
(with effect from
April 19, 2010) for ".".
423
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 70
(with effect from
April 19, 2010).
424
Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 7
(with effect from
December 31, 2003) for :
195 Retiring Age
427[] 427
425[(1)] 425 A Judge of a High Court shall hold office until he attains the age of 426[sixty-five years] 426, unless he sooner resigns or is removed from office in accordance with the Constitution.
425
Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 9
(with effect from
September 16, 1976)
426
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-two years".
427
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 37
(with effect from
March 2, 1985) : :
428[] 428 429[
(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four 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-two years; or (b) to assume the office of the most senior of the other Judges of the High 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 a High Court under clause (2), the Judges 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 a High Court, otherwise than under Article 196, shall not again be appointed to be the Chief Justice of that High Court. (5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275. ] 429
(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of a High Court who attains the age of sixty-two years before he has held that office for a term of four years may continue to hold that office until he has completed that term.
428
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 9
(with effect from
September 16, 1976).
429
Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 3
(with effect from
December 13, 1976).
430
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 38
(with effect from
March 2, 1985) for " 431[one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than
under this Article] 431".
431
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 9
(with effect from
September 16, 1976) for "the most senior of the other Judges of the High Court".
432
Renumbered by a href="http://www.pakistani.org/pakistan/constitution/orders/po14_1985.html" target="_blank">Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 39
(with effect from
March 2, 1985)
433
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 71(i)
(with effect from
April 19, 2010).
434
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 39
(with effect from
March 2, 1985).
435
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 70(ii)(a)
(with effect from
April 19, 2010).
436
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 70(ii)(b)
(with effect from
April 19, 2010).
437
Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 9
(with effect from
May 4, 1974) for :
(3) An order shall not be made under clause (1) on application made by or in relation to a member of the Armed Forces of Pakistan in respect of his terms and conditions of service, in respect of any matter arising out of his service or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan.
438
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(1)
(with effect from
March 2, 1985) : :
439[] 439 440[
(3A) Notwithstanding any judgment of any Court, including any judgment in respect of the powers of Courts relating to judicial review, a High Court shall not, under this Article:-
(a) make an order relating to the validity or effect of,any Martial Law Regulation made by the Chief Martial Law Administrator or any Martial Law Order made by the Chief Martial Law Administrator or a Martial Law Administrator or of anything done, or intended to be done or taken, thereunder; (b) make an order relating to the validity or effect of any judgment or sentence passed by a Military Court or Tribunal; (c) grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of a Military Court or Tribunal extends and of which cognizance has been taken by a Military Court or Tribunal; or (d) issue any process against the Chief Martial Law Administrator or a Martial Law Administrator or any person acting under the authority of either. (3B) Every such order, injunction or process as is referred to in clause (3-A) made, granted or issued at any time before or after the commencement of the Constitution (Amendment)Order, 1980, shall, notwithstanding any judgment of any Court, be null and void and of no effect whatsoever and any proceedings for the making, granting or issue Of such order, injunction or process which may be pending before any Court, including the Supreme Court and a High Court, shall abate. (3C) The Proclamation of the fifth day of July 1977, all President's Orders, Orders of the Chief Martial Law Administrator, Martial Law Regulations and Martial Law Orders made on or after the fifth day of July 1977, are hereby declared, notwithstanding any judgment of any Court, to have been validly made. ] 440
(3A) A High Court shall not make under this Article:-
(a) an order prohibiting the making, or suspending the operation,of an order for the detention of any person under any law providing for preventive detention; (b) an order for the release on bail of any person detained under any law providing for preventive detention; (c) an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any court or tribunal, or against whom a case has been registered at any police station, in respect of an offence, or who has been convicted by any court or tribunal. (d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any court or tribunal, in respect of an offence; or (e) any other interim order in respect of any person referred to in any of the preceding paragraphs. (3B) Every such order as is referred to in clause (3A) made at any time after the commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any High Court shall abate. (3C) The provisions of clauses (3A) and (3B) shall also apply to the disposal of an application in a petition for leave to appeal or in an appeal, from an order such as is referred to in the said clause (3A) that my be pending-before the Supreme Court immediately before the commencement of the Constitution (Fifth Amendment) Act, 1976.
439
Inserted by Constitution (Amendment) Order, 1980 (President's Order No. 1 of 1980), Section 2
(with effect from
May 26, 1980).
440
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 11
(with effect from
September 16, 1976) for :
441[] 441
(3A) A High Court shall not make an order under clause (1):-
(a) prohibiting the making of an order for the detention of a person, or (b) for the grant of bail to a person detained, under any law providing for preventive detention.
441
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 8(a)
(with effect from
November 21, 1975).
442
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(2)
(with effect from
March 2, 1985).
443
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 72
(with effect from
April 19, 2010) for :
444[] 444
(4A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in part I of the First Schedule or relates to, or is connected with, 445[State Property or] 445 assessment or collection of public revenues shall cease to have effect on the expiration of a period of 446[six months] 446 following the day on which it is made, 447[provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made] 447.
444
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 8(b)
(with effect from
November 21, 1975).
445
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(3)(a)
(with effect from
March 2, 1985).
446
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(3)(b)
(with effect from
March 2, 1985) for "sixty days".
447
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 18
(with effect from
August 21, 2002) for "unless the case is finally decided, or the
interim order is withdrawn, by the Court earlier".
448
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(4)
(with effect from
March 2, 1985).
449
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 12
(with effect from
September 16, 1976) for ".".
450
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 73(i)
(with effect from
April 19, 2010) : :
451[Provided that such consent, or consultation with the Chief Justices of the High Courts, shall not be necessary if such transfer is for a period not exceeding 452[two years] 452 at a time.] 451
451
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 12
(with effect from
September 16, 1976).
452
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 41
(with effect from
March 2, 1985) for "one year".
453
Inserted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 3(a)
(with effect from
March 19, 1985).
454
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 41
(with effect from
March 2, 1985) for :
(2) When a judge is so transferred, he shall, during the period for which he serves as a judge of the High Court to which he is transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by Order, determine.
455
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 10
(with effect from
May 4, 1974).
456
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 41
(with effect from
March 2, 1985).
457
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 73(ii)
(with effect from
April 19, 2010) : :
458[] 458
(4) A Judge of a High Court who does not accept transfer to another High Court under clause (1) 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.
458
Inserted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 3(c)
(with effect from
March 19, 1985).
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