Chapter 2: The Supreme Court of Pakistan.
| 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 399[Majlis-e-Shoora (Parliament)] 399 or, until so determined, as may be fixed by the President. |
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| Appointment of Supreme Court Judges. 400[
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| 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. |
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| 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. |
| Acting Chief Justice. At any time when-
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| Acting Judges.
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| 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 409[in consultation with the Judicial Commission as provided in clause (2) of Article 175A,] 409may, in writing,-
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| Seat of the Supreme Court.
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| Original Jurisdiction of Supreme Court.
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| Appellate Jurisdiction of Supreme Court.
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| Advisory Jurisdiction.
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| 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. |
| Issue and Execution of Processes of Supreme Court.
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| Review of Judgments or Orders by the Supreme Court. The Supreme Court shall have power, subject to the provisions of any Act of 414[Majlis-e-Shoora (Parliament)] 414 and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it. |
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| 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. |
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| Action in aid of Supreme Court. All executive and judicial authorities through out Pakistan shall act in aid of the Supreme Court. |
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| Rules of Procedure. Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court. |
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Notes
399
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".
400
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.
401
Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 6
(with effect from
December 31, 2003) for :
179 Retiring Age.
404[] 404
402[(1)] 402 A Judge of the Supreme Court shall hold office until he attains the age of 403[sixty-eight years] 403, unless he sooner resigns or is removed from office in accordance with the Constitution.
402
Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 5
(with effect from
September 16, 1976)
403
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".
404
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) : :
405[] 405 406[
(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. ] 406
(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
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 5
(with effect from
September 16, 1976).
406
Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 2
(with effect from
December 13, 1976).
407
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".
408
Inserted by Constitution (Amendment) Order, 1982 (President's Order No. 2 of 1982), Section 2
(with effect from
February 27, 1982).
409
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 5
(with effect from
January 1, 2011).
410
For appointment of Rawalpindi as the seat of the Supreme Court, see Gazette of Pakistan, 1974, Part III, page 1387.
411
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".
412
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).
413
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 7
(with effect from
September 16, 1976) for "The".
414
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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